Brendan Ryan (Labour)

I welcome my constituency colleague, the Minister of State, Deputy Sargent, to the House. On the previous occasion, my colleague, Senator Hannigan, broadly welcomed the Bill on behalf of the Labour Party, as do I. We intend to table some amendments on Committee Stage, however, to improve the legislation.

I wish to make a few brief points. According to the explanatory memorandum, section 20 will empower planning authorities to refuse permission where the applicant has previously carried out a substantial unauthorised development or has been convicted of an offence under the planning Acts. I am not sure how far that will go or what the Minister intends with regard to this element of the Bill. However, I think it should go beyond the specifics referred to in the explanatory memorandum and, if necessary, I will table an amendment to that effect.

The previous track record of developers must be taken into account in a variety of ways. As the Minister of State will be aware, there are many estates in north County Dublin where developers have abandoned sites leaving unfinished estates. They have moved on to the next estate, however, having obtained multiple planning permissions. This causes massive problems for the residents concerned. This is particularly the case in Balbriggan and Swords where problems have arisen with unfinished estates. Residents are unable to move on and settle their affairs. They become engaged for far too long in trying to solve these problems. Local councils cannot take charge because the estates are unfinished. It would be a major advance in planning legislation if these matters could be taken into account fully, including the potential for local authorities to refuse planning permission in such cases. I hope that can be done.

I also wish to discuss general planning enforcement because there is potential in the Bill to do something positive about this issue. I have a general decision from Fingal County Council which goes with every decision where permission is granted. It basically says: "I recommend a decision to grant permission." It lists conditions and reasons, however, and the first condition is: "The development is to be carried out in its entirety in accordance with the plans, particulars, specifications and information lodged with the application, save as may be required by the other conditions attached hereto."

If only that were the case. In many instances developers go ahead and infringe against what they have been permitted. They carry out things that, perhaps, they have been asked to change. They ignore the conditions and do what they had intended to do initially, which is not in keeping with the conditions. If that happens and they are not in compliance with the conditions, perhaps someone will notice and there is an opportunity to report the matter to the local authority. However, if it is not noticed the likelihood is it will never be discovered.

In the case of a neighbour, perhaps, reporting such a breach to the local authority, the complaint is made, the inspector despatched to take a look at the issue and the decision made.