Michael Ring (Mayo, Fine Gael)
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Question 522: To ask the Minister for the Environment, Heritage and Local Government the number of registered developments (details supplied) in County Mayo; the number of unregistered developments in the county; and the action that can be taken against unauthorised developments in County Mayo. [21776/07]

Michael Ring (Mayo, Fine Gael)
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Question 523: To ask the Minister for the Environment, Heritage and Local Government his views on whether it is appropriate for a local authority to choose to ignore legislation that he brings into force (details supplied). [21777/07]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 522 and 523 together.

Section 261 of the Planning and Development Act, 2000, required all quarries (except those which obtained permission in the 5 years prior to 28 April 2004) to register with their local planning authority between 28 April 2004 and 27 April 2005. Accordingly Mayo County Council will hold information on the number of quarries registered with it, and may hold information on the number of unregistered quarries. My Department does not hold this information.

With regard to action against unauthorised developments, planning authorities have substantial powers and obligations, under the Planning and Development Acts 2000-2006, in relation to unauthorised developments. The 2000 Act provided for a strengthened enforcement regime and increased penalties on conviction for the offence of unauthorised development. Further, section 35 of the 2000 Act, as amended in 2006, gave planning authorities a new power to refuse planning permission, without recourse to the High Court, to a developer who has substantially failed to comply with a previous planning permission.

The Planning Act also imposes substantial obligations on planning authorities in the enforcement area. A planning authority is statutorily obliged to issue a warning letter in relation to any unauthorised development it becomes aware of (except in the case of trivial or minor development), no matter how it becomes aware of it. There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued. The planning authority's decision on whether to issue an enforcement notice, including the reasons for the decision, must be entered on the planning register and, in cases where it is decided not to issue an enforcement notice, any complainant must be informed.

Planning authorities are, of course, subject to the law and if any person considers that he or she has been adversely affected by a planning authority's action, or lack of action, with regard to planning enforcement, which he or she considers was unlawful, unfair or unreasonable, it is open to the person involved to make a complaint to the Manager or Director of Planning in the first instance or to the Ombudsman. I am not aware that any planning authority is not implementing section 261 of the Planning Act in relation to registration, etc. of quarries.