Catherine Murphy (Kildare North, Independent)
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Question 648: To ask the Minister for the Environment, Heritage and Local Government his response to the recently issued An Bord Pleanála report in which the increasing number of unauthorised developments was highlighted; if he intends to address this problem in any way legislative or otherwise; if so, the action he proposes to take; and if he will make a statement on the matter. [34158/05]

Dick Roche (Wicklow, Fianna Fail)
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I assume that the question refers to the recent publication by An Bord Pleanála of its 2004 annual report which, among other issues, noted the significant increase in the number of appeal applications made to it. The annual report does not quantify the extent of applications relating to retention.

The provisions in respect of enforcement of planning control in general were considerably strengthened in the Planning and Development Act 2000. Fines have been greatly increased and planning authorities are now obliged to follow up complaints about breaches of planning control within a given timeframe and are also entitled to retain fines imposed by courts for planning offences. Moreover, the fact that an application for retention permission has been made is no longer a defence to a prosecution for unauthorised development. Planning authorities may also 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.