John Curran (Dublin Mid West, Fianna Fail)
Link to this: Individually | In context

Question 490: To ask the Minister for the Environment, Heritage and Local Government if he will consider appointing a planning inspectorate to enforce planning laws; if it will be an effective mechanism of enforcing compliance in this regard; the likely funding required to establish such an inspectorate; the subsequent annual running costs; and if he will make a statement on the matter. [12028/05]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

Enforcement of planning control is a matter for each planning authority which can take action where a development requiring planning permission has not obtained this permission or where permission has not been complied with. Accordingly, I have no plans to introduce a planning inspectorate to enforce planning law.

My Department's role in this matter is to provide the legislative framework within which the planning authorities carry out their functions and, in this regard, one of the major features of the revised and updated planning code introduced by the Planning and Development Act 2000 was a strengthened and simplified enforcement regime. Changes to enforcement provisions in the Act are as follows: planning authorities must take action in response to well-founded complaints about unauthorised development, unless it appears to the planning authority that the development in question is of a trivial or minor nature; fines were greatly increased, with a maximum penalty on conviction on indictment now €12.7 million and two years' imprisonment; planning authorities are now entitled to retain fines imposed by the courts for planning offences to help finance more active planning control; planning authorities can refuse to grant planning permission, subject to the consent of the High Court, to any developer who has seriously failed to comply with a previous permission; the period for taking action was extended from five to seven years; an application for retention or even a grant of retention permission is no longer a valid defence to enforcement action; fees for retention permission were increased; and if people attempt to hide behind a corporate identity, this can be prevented. There were previously many types of enforcement notice. In the 2000 Act there is only one. This reduces the potential for mistakes.

These provisions set out a strong legal framework for planning authorities to take enforcement action. I will continue to keep the implementation of the enforcement provisions of the 2000 Act under review and to work with planning authorities, through the formal consultation mechanism established with the City and County Managers Association with a view to improving their performance on planning matters.

John Curran (Dublin Mid West, Fianna Fail)
Link to this: Individually | In context

Question 491: To ask the Minister for the Environment, Heritage and Local Government if, in view of the recent survey conducted by NUI Maynooth on the commuter belt, he will set up a task force to examine the way in which the concerns expressed in the survey might be addressed; the likely cost of such a task force; and if he will make a statement on the matter. [12029/05]

Dick Roche (Wicklow, Fianna Fail)
Link to this: Individually | In context

I refer to the reply to Question No. 152 of 13 April 2005. In this I stated that I have asked for a copy of the relevant symposium papers to be sent to my Department so that its findings can be taken into account in the ongoing development of planning policies. This process already involves two broadly based working groups: an interdepartmental steering committee which oversees the implementation of the national spatial strategy and an implementation group to drive forward the process of implementing the regional planning guidelines for the greater Dublin area. The Department will ensure that the symposium papers are made available to both of these groups.