Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

The existing ground for refusal is that the applicant has substantially failed to comply with a previous permission. The Bill proposes to add two further grounds for refusal of permission, that the developer has carried out a substantial unauthorised development or has been convicted of an offence under the planning Acts. The amendment proposes to insert a further ground for refusal, that is, the developer has failed to complete a development. Obviously, in current economic circumstances there may be many developers who have run out of funds to complete developments. It is open to such developers to apply for extensions of the planning permission which, if granted, would give them a further period of up to five years to complete the development. If they do not complete the development within any further extensions of permissions, such developments would be technically in non-compliance with planning permission. In such cases the planning authority should take such enforcement actions as are possible to compel the completion of the development by the developer. Where the developers are bankrupt, there might be little point in taking such enforcement action. In such cases the planning authority should call in any bonds in so far as that is possible to complete the footpaths, lighting and services in the phases of the development that have not been completed. We have tried to cover all areas.