John Deasy (Waterford, Fine Gael)
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Question 1171: To ask the Minister for the Environment, Heritage and Local Government his views on whether housing developers who fail to complete the housing estates they have built can continue to seek planning permissions for other developments; his plans to penalise such activity; and if he will make a statement on the matter. [21142/07]

John Gormley (Dublin South East, Green Party)
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Section 35 of the Planning and Development Act 2000 provides that planning authorities may apply to the High Court for authorisation to refuse to grant planning permission to a developer who has substantially failed to comply with the conditions of a previous permission.

This power was significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006, which effectively reverses the burden of proof in relation to the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions, the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have this decision annulled. I am satisfied that planning authorities now have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.