Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

I thank Senator Brennan for raising this important matter. In view of what he has outlined, I can understand his frustration. In that context, I am happy to try to address this issue for him.

The purpose of the planning system is to ensure development takes place in a planned, controlled and sustainable manner which protects the interests of the common good and the many qualities of our natural and built environment. Active and effective enforcement of the planning legislation by planning authorities is critical for the credibility and integrity of the planning system. I am firmly of the view that appropriate enforcement action should be taken in a timely manner where legal requirements are not upheld. This is necessary to ensure the planning system and, more important, public confidence in it are not undermined in any way.

Under planning legislation, any development which requires planning permission and which does not have such permission is considered unauthorised, as is development which contravenes conditions laid down in a planning permission. Under the Planning Acts, comprehensive powers are available to, and clear and extensive actions are required of, planning authorities regarding enforcement in the context of unauthorised development. In the first instance, planning authorities are required to issue a warning letter in respect of any complaints received regarding unauthorised development or in the context of any other unauthorised development of which they otherwise become aware. They are then required to carry out an investigation into the alleged unauthorised development. Following such an investigation, the relevant authority must decide, as expeditiously as possible, whether to issue an enforcement notice. Where such a notice is issued, the planning authority is required to specify that development cease in circumstances where no planning permission has been granted or, where it has been granted, require that the development proceed in accordance with the permission. Furthermore, planning authorities are empowered to specify in an enforcement notice the steps to be taken within a specified period to conform with a permission. Where the steps specified are not complied with, they are empowered to enter on the land and take such steps, including the removal, demolition or alteration of any structure, as are deemed necessary, as well as to recover any costs incurred.

My Department's development management guidelines, which were issued under section 28 of the Planning and Development Act and to which planning authorities are required to have regard in the discharge of their planning functions, urge planning authorities to ensure that court prosecutions follow in the case of all enforcement notices not complied with. Court conviction can result in both fines and imprisonment. I understand the unauthorised development to which the Senator refers and which involves a 5 m high boundary wall surrounding a particular housing development has been in place for quite a number of years, even though the planning permission granted was for a 2 m high boundary wall. I also understand that, as the Senator outlined, an extension of duration of planning permission was granted in respect of the housing development in question in 2011 and that this was subject to a reduction in the height of the wall to that originally granted. Even though there have been some problems in identifying ownership of the site, effective enforcement action by the planning authority concerned is still essential. I am informed that an enforcement notice has been issued in this case. Given the length of time this unauthorised development has been in place and the adverse effects on the amenity of the adjoining property owners and residents over that period, I expect the planning authority will vigorously follow through on this enforcement notice and take the necessary steps to ensure it is complied with as expeditiously as possible.

Non-compliance with the planning legislation is something that should not be tolerated and non-enforcement in respect of breaches of the planning code sends out the wrong message and encourages further transgressions of the planning laws. I again urge all planning authorities to discharge their functions in this regard and to ensure any breaches of the planning code are swiftly addressed in accordance with their statutory obligations.