Paul McGrath (Westmeath, Fine Gael)
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Question 403: To ask the Minister for the Environment, Heritage and Local Government his views on whether possible court costs should be a decisive factor in deciding that the law should not be implemented in respect of planning enforcement. [16903/05]

Paul McGrath (Westmeath, Fine Gael)
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Question 404: To ask the Minister for the Environment, Heritage and Local Government his policy regarding the enforcement of planning and development legislation and the enforcement of same by local authorities; if his attention has been drawn to cases in which such enforcement is neglected by local authorities; if he will identify such local authorities; and if he will make a statement on the matter. [16905/05]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 403 and 404 together.

My Department's role in regard to the planning code is to provide the legislative framework within which planning authorities carry out their functions. 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, in response to criticisms that planning authorities were not fulfilling their obligations to enforce the planning code.

Among the important changes to the enforcement provisions made in the Planning and Development Act 2000 was a requirement on planning authorities to 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 courts for planning offences to help finance more active planning control. However, it is a matter for the planning authority in any individual case to determine whether the resources available to them are sufficient to pursue any particular matter. Significant changes were also made to the retention permission system to ensure that it cannot be used to avoid planning enforcement.

While these provisions set out a strong legal framework for planning authorities to take enforcement action where necessary, statutory responsibility for the operation of the planning code is vested in each individual planning authority. Decisions on enforcement in particular cases are, therefore, matters for the planning authorities in question.

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. I also welcome the interest of the ombudsman in monitoring whether the Act is being properly and fully utilised and to be pro-active in protecting public confidence in the planning system.