Rebecca Moynihan (Labour) | Oireachtas source

If, at the moment, I have a concern that something is an unauthorised development and requires enforcement action, I am able to go to the local authority and check that. If this happens in the future and I check that with the local authority, and if the local authority, for whatever reason, does not come back to me or properly explain that to me, such that I am getting more stressed about it and wondering what is going on, what will be the remedies available to me? I will not have section 10 notices anymore and cannot get that declaration.The only remedy available to me is to go to court. That is what people will do. It will slow down the process. A convincing case has not been made for this change. Many elements of our planning process are not working, but it has its good parts and this is one of the elements that is working. I do not understand the rationale for the change.

Senator Cummins is right, in that, if something is an unauthorised developed, it is an unauthorised development and the local authority has a responsibility to follow up on it, but the authority often does not. That is the problem. The local authority often does not have all of the information available to it and only gets its information about unauthorised developments when members of the public contact it.

Section 10 does not give people any power. Rather, it gives them information. If I cannot get that information and power as easily as I can now, I will go to court, as will others, and that will slow the process down. It seems to be pure stupidity to take an element of the planning process that works effectively and does not delay anything and change it in such a way that it complicates the matter. If this provision passes, Members on the Government side will begin getting complaints about it in the middle of the general election. This is our bread and butter. This is the work we do all of the time. I do not want to hear Government Members in two years' time speaking on the Order of Business about X happening, the local authority not following it up, not knowing about developments, enforcement issues, etc. That is what will happen. By all means, improve the planning process through this Bill, but please do not change the basic elements that work well for people and do not hinder development.