Róisín Shortall (Dublin North West, Labour)
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Question 260: To ask the Minister for the Environment, Heritage and Local Government the regulations governing the non-development by builders of amenity type proposals, such as playgrounds, creches, or service buildings made as part of a larger residential or mixed use development but where no timeframe was conditioned by the local authority for the completion of such amenities; if it is open to a developer to progress the residential part of such developments and not the amenity type developments; the post-permission sanctions open to a local authority in compelling the developer to build the promised amenities; and if he will make a statement on the matter. [7840/07]

Dick Roche (Wicklow, Fianna Fail)
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Under the provisions of Section 40 of the Planning and Development Act 2000, a planning permission is normally granted for a period of 5 years beginning on the date of the granting of permission. All development, including that necessary to comply with the terms of any condition imposed by the planning authority or An Bord Pleanála on appeal, must be substantially completed within this period.

Enforcement of planning control is a matter for the planning authority, which can take action where a development does not comply with the terms of its planning permission. The 2000 Act introduced strengthened arrangements for enforcement by planning authorities in relation to unauthorised developments. There is now a statutory obligation on a planning authority to issue a warning letter regarding unauthorised development in defined circumstances and to carry out an investigation and expeditiously decide whether an enforcement notice should be issued. In addition, the Planning and Development (Strategic Infrastructure) Act 2006 empowered planning authorities to refuse permission to any developer who has substantially failed to comply with a previous planning permission: in such a case the developer will have to go to the High Court if he/she wishes to apply to have this decision overturned.

Under Section 156 of the 2000 Act, a person who is found guilty on indictment of an enforcement offence is liable to a fine of up to €12.7m, or to imprisonment for up to 2 years, or to both.

Sections 34(4)(g) and 180(2)(b) of the 2000 Act also provide that in order to ensure that estates are completed satisfactorily, a planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of a development, and, if the development is not subsequently completed satisfactorily, may apply the security to that satisfactory completion.

Accordingly, it is clear that planning authorities have very substantial powers to compel the completion of housing estates, and any amenity type development, by developers in accordance with the terms of the planning permissions.