Michael Ring (Mayo, Fine Gael)
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Question 453: To ask the Minister for the Environment, Heritage and Local Government the Government's plans for planning legislation particularly in cases in which a council refuses a planning application and An Bord Pleanála grants it; and his plans to give An Bord Pleanála an enforcement role. [14845/05]

Dick Roche (Wicklow, Fianna Fail)
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Under the Planning and Development Act 2000, any decision of An Bord Pleanála on an appeal of a decision of a planning authority is deemed to be made in the first instance and operates to annul the earlier decision of the planning authority. Section 34(10) of the Act provides that the board is required to give reasons for its decision. Furthermore, where a proposed development would contravene the development plan, the board may decide to grant permission but only in certain defined circumstances.

The enforcement of planning control is a matter for the 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. There are no proposals to amend the legislation in this regard.