Lucinda Creighton (Dublin South East, Fine Gael)
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Question 98: To ask the Minister for the Environment, Heritage and Local Government the penalties he will impose on developers who do not bring estates up to necessary standards; and if he will make a statement on the matter. [22748/07]

John Gormley (Dublin South East, Green Party)
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As I indicated in the reply to Questions Nos. 197 and 198 of 27 September 2007, the non-completion of any development in line with the planning permission for that development is unauthorised development, which is an offence under the Planning Acts. Enforcement of planning control is a matter for the planning authorities, which have substantial enforcement powers and duties under the Planning Acts.

Section 156 of the Planning and Development Act 2000 provides that a person who is convicted of carrying out unauthorised development or of not complying with an enforcement notice will be liable on conviction on indictment to a fine not exceeding €12.7 million or to imprisonment for a term not exceeding two years or both. In the case of a summary conviction, the person will be liable to a fine not exceeding €1,905 or to imprisonment for a term not exceeding six months or both.

Section 156 also provides for substantial penalties for a person who, having been convicted of unauthorised development, continues the offence. These are a maximum fine of €12,700 for each day on which the offence is continued or imprisonment for a term not exceeding two years or both on conviction on indictment, and on summary conviction a fine not exceeding €508 for each day on which the offence is continued or imprisonment for a term not exceeding six months or both.

The substantial powers already given to planning authorities to deal with unauthorised development have been significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006. This effectively reverses the burden of proof in the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have the decision annulled. I am satisfied that planning authorities now have substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I thank the Minister for outlining the substantial powers of local authorities. As the Minister correctly pointed out, these were strengthened under the Planning and Development (Strategic Infrastructure) Act. However, two things are evident, namely, there is no enforcement and local authorities fail to put enough money into the fund to have estates taken in charge. Does the Minister's experience lead him to agree that the latter is because they do not want to be saddled with the costs of maintenance and other aspects of estates in local authority ownership? It is not a question of a lack of power but the will of the local authority to take these estates in charge and deal with them. They are not doing so. Will the Minister instruct local authorities to take a more proactive approach to taking in charge estates and allocate more resources for this on an annual basis?

John Gormley (Dublin South East, Green Party)
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This is an interesting problem. Often, people insist I micro-manage. However, giving more power back to local authority members is also discussed.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I understand this.

John Gormley (Dublin South East, Green Party)
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The Green Paper on local government reform is about getting the balance right on this. Some people suggest a command and control system and I believe we have a centralised country as it is.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I agree. The Minister is misinterpreting.

John Gormley (Dublin South East, Green Party)
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I happen to believe it and it was often stated that we do not have real local government, we have local administration. We must trust local authorities to carry out their functions properly. They have the powers, and the essence of what Deputy Hogan stated is that they do not carry out those functions properly.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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On a point of clarification——

Brendan Howlin (Wexford, Labour)
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The Deputy knows well there is no such thing.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I agree with the Minister that we have local administration, not local government, and I accept what he states. However, who will act in the event of a local authority not enforcing the powers they have?

John Gormley (Dublin South East, Green Party)
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In exceptional cases where I feel I am compelled to act——

Jim O'Keeffe (Cork South West, Fine Gael)
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Shades of Monaghan.

John Gormley (Dublin South East, Green Party)
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Exactly, that was the instance I was going to give the House. In this case a rezoning took place which I felt was out of order, would have increased the population threefold in the area and would have had disastrous consequences for generations to come. It represented bad planning. In instances where I see bad planning I will intervene.