Written answers

Tuesday, 11 December 2007

Department of Environment, Heritage and Local Government

Planning Issues

9:00 pm

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 930: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that under section 160 of the Planning and Development Act 2000 any other person may make an application to the High Court where unauthorised development is being or is likely to be carried out (details supplied); and if he will make a statement on the matter. [33223/07]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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As Minister for the Environment, Heritage and Local Government, I am precluded, under section 30 of the Planning and Development Act 2000, from exercising any power or control in relation to any individual planning application with which a planning authority or An Bord Pleanála is or may be concerned.

It is the responsibility of the planning authorities, who have wide enforcement powers under planning legislation, to halt and rectify unauthorised development. Anyone who feels that land is being developed or used without planning permission may contact the relevant planning authority who will investigate the matter. In addition any person may apply, in either the Circuit or the High Court, for an order restraining unauthorised development or use of land.

Section 160 of the Planning and Development Act 2000 provides that where an unauthorised development is being, or is about to be, undertaken, a planning authority or any other person can apply to the Circuit or the High Court for an injunction preventing it. This is significant as it allows any person to seek an injunction against an unauthorised development, without reference to the planning authority.

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