Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I am aware that Senator Ryan raised this matter on Second Stage. The amendment proposes a new section providing that a planning authority should put in place procedures to ensure that a consistent approach is taken to planning enforcement throughout its functional area. The Planning and Development Act already imposes clear statutory obligations on planning authorities relating to unauthorised development. A planning authority must issue a warning letter regarding written complaints about unauthorised development or other unauthorised development it becomes aware of, except in the case of trivial or minor development; carry out an investigation; expeditiously decide whether an enforcement notice should be issued; enter its decision on whether to issue an enforcement notice on the planning register, including the reasons for that decision; and where it is decided not to issue an enforcement notice, to inform any complainant.

My Department's development management guidelines make strong recommendations to planning authorities in respect of enforcement. These state that, while the issuing of an enforcement notice is discretionary, notices should issue in all cases where it has been established that an unauthorised development is being or has been carried out unless there are compelling and defensible reasons for not doing do. They also state that persons who do not comply with the enforcement notice should be prosecuted in all cases. These guidelines are issued under section 28 of the Planning and Development Act 2000 and planning authorities must have regard to them in the exercise of planning functions. For this reason, I do not intend to accept the amendment, as I consider the current provisions adequate. That aside, I have some concerns. I will take further advice from the Parliamentary Counsel on this matter and revert to the House on Report Stage.