Jack Wall (Kildare South, Labour)
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Question 289: To ask the Minister for the Environment, Heritage and Local Government the mechanism in place where local authorities have encountered problems with developers in relation to reaching agreement under Part 5 Agreement as per the Planning and Development Act 2001; if there is an appeal process that the local authority can follow if a developer refuses to comply with the legislation; and if he will make a statement on the matter. [19681/07]

Batt O'Keeffe (Cork North West, Fianna Fail)
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Part V of the Planning and Development Acts 2000-2006 provides that where an agreement cannot be finalised within 8 weeks of the granting of a planning permission, the applicant or any other person with an interest in the land may, depending on the nature of the dispute, refer the matter either to An Bord Pleanála or the Property Arbitrator for determination.

A planning authority may issue an enforcement notice in connection with non-compliance with a planning permission, including a Part V condition attached to a permission, requiring such steps as it considers necessary to be taken within a specified period. Substantial penalties are provided for on conviction for an offence under the Planning Acts. In addition, planning authorities may refuse permission to any developer who has substantially failed to comply with a previous planning permission.