Brendan Ryan (Labour)

I move amendment No. 29:

In page 33, between lines 38 and 39, to insert the following:

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

"151A.-Where, following complaint by a person relating to a breach of this Act, a planning authority fails or refuses to take measures under this Act by way of planning enforcement, the person may appeal such failure or refusal to An Bord Pleanála, which may on such appeal give such directions to the planning authority in relation to its functions as it considers appropriate.".

We had a good discussion on the consistency of planning enforcement right through from Second Stage to Committee Stage to Report Stage. Planning enforcement is probably the only area in planning legislation where no appeal mechanism exists. The Minister of State will recall we tabled an amendment on Committee Stage, which was more of a general nature, proposing that local authorities put in place measures to provide consistency in enforcement. I gave a commitment on Committee Stage to bring forward a more specific amendment. Given that the amendment has only been tabled on Report Stage, I wish to record that we want to insert in the principal Act that "Where, following complaint by a person relating to a breach of this Act, a planning authority fails or refuses to take measures under this Act by way of planning enforcement, the person may appeal such failure or refusal to An Bord Pleanála, which may on such appeal give such directions to the planning authority in relation to its functions as it considers appropriate".

The amendment deals with the matters we discussed on Committee Stage. Senator Glynn had some support for the thrust of a similar amendment tabled on Committee Stage. We believe this is a good amendment, it addresses the issue and I ask the Minister to accept it.