Olwyn Enright (Laois-Offaly, Fine Gael)
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Question 227: To ask the Minister for the Environment, Heritage and Local Government if he will confirm receipt of correspondence from a residents' association (details supplied) in County Laois; if a reply was issued to the correspondence; if so, his views on the matter; and if he will make a statement on the matter. [4279/08]

John Gormley (Dublin South East, Green Party)
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I have received the correspondence of 31 January 2008 referred to in the question and will reply to it shortly. My Department will also be asking Laois County Council to provide a report on the matter. 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 particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.

Enforcement of planning control is a matter for the planning authority, in this case Laois County Council, which can take action if a development, does not have the required permission, or where terms of a permission have not been met. Planning authorities have substantial powers under the Planning and Development Acts 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. Section 35 of the 2000 Act, as amended in 2006, gives 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 2000 Act also imposed new obligations on planning authorities in the enforcement area: there is now a statutory obligation on a planning authority to issue a warning letter in relation to any unauthorised development it becomes aware of (except in the case of trivial or minor development). 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 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.

Section 180 of the Planning and Development Act 2000, provides, in relation to any residential estate containing roads, water mains, sewers, drains, etc, that if the estate is not completed by the developer in accordance with the planning permission, and the planning authority has not taken enforcement action against the developer in this regard within the appropriate period, the planning authority must initiate taking in charge proceedings in response to a request from the majority of the residents.

My Department will shortly issue updated guidance to planning authorities on the taking in charge of estates, including the limited circumstances where it may be appropriate to condition a management company.

Finian McGrath (Dublin North Central, Independent)
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Question 228: To ask the Minister for the Environment, Heritage and Local Government if he will put a stay on a company's plan (details supplied). [4289/08]

John Gormley (Dublin South East, Green Party)
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As Minister, 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 or appeal with which a planning authority or An Bord Pleanála is or may be concerned.

Work is jointly being undertaken by this Department and the Office of Public Works on the preparation of comprehensive guidelines on the consideration of flood risk in the planning process. The guidelines, which will be issued for public consultation later in 2008, will provide an important input to the consideration of flood risk in the preparation of development plans, and the key policies and messages will need to be appropriately reflected in development plans, by way of variation if necessary.

The Programme for Government contains a commitment to establish a Dublin Bay Area Task Force to maximise the potential of the Bay for the people of the capital city. I am currently finalising arrangements for establishing the Task Force. Any relevant decisions of An Bord Pleanála in relation to Dublin Bay will be taken into account by the Task force in due course. The comprehensive study of the role of Dublin Port outlined in the NDP will be carried out by the Department of Transport, and will take account of the work of the Dublin Bay Area Task Force.