Brendan Ryan (Labour)

I move amendment No. 57:

In page 29, before section 29, to insert the following new section:

29.—The Principal Act is amended by the insertion of the following section after section 151—

"151A.—A planning authority shall put in place procedures to ensure that a consistent approach to planning enforcement is taken throughout the functional area of the authority.".".

This amendment will require a planning authority to put in place procedures to ensure that a consistent approach to planning enforcement is taken throughout the functional area of the authority. It will insert a statutory obligation on planning authorities to have consistency with regard to planning enforcement.

The Minister will recall that on Second Stage I raised concerns about the enforcement aspect of planning and the role of the planning enforcement officer, who has a great deal of power and against whose decisions there is no appeals mechanism. The amendment is a general provision and I ask the Minister to accept its objective. I will table a more specific amendment relating to an appeals mechanism on Report Stage. I can offer an example of the inconsistency in the enforcement process. It involves two side-by-side houses of similar build. Both owners installed a verandah but in one case the local authority pursued the home owner to the High Court while the development in the other case was okay. I could offer many other examples.

On Second Stage I asked about the situation where a developer takes a chance and does something he did not propose to do in the hope of getting away with it. It is unauthorised development. On foot of a complaint by a citizen the enforcement officer could decide it is only a minor infringement and not take any action. There is no appeals mechanism in such circumstances and the developer gets away with it. The enforcement officer's decision might be influenced, as I have observed, by lack of staff. The enforcement officer might decide at his desk in County Hall that it is only a minor matter, but it might be a very serious matter for the neighbours concerned. The Minister, Deputy Gormley, has been quoted as saying that planning is about people and has spoken about the effect such incidents can have.

There is a need for consistency in view of the many examples of inconsistency. There is also a need for standardisation. Perhaps the Minister will comment on this amendment and on the possibility of an appeals mechanism, on which I will table an amendment on Report Stage.