Leo Varadkar (Dublin West, Fine Gael)
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Question 394: To ask the Minister for the Environment, Heritage and Local Government his views on whether bad planning has become a thing of the past since he took up office; and if he will make a statement on the matter. [15016/08]

John Gormley (Dublin South East, Green Party)
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As Minister for the Environment, Heritage and Local Government, my role in relation to the planning system is mainly to provide, and keep up to date, the legislative and policy guidance framework. The day-to-day operation of the planning system is a matter for the planning authorities. The legislative framework comprises the Planning and Development Acts 2000-2006 which represents a comprehensive consolidation and updating of the planning code. As regards policy guidance, my Department has issued a large number of planning guidelines under section 28 of the Planning Act which planning authorities and An Bord Pleanála are obliged to have regard to in the exercise of their planning functions. These include:

Development Plan Guidelines (June 2007);

Development Management Guidelines (June 2007);

Sustainable Urban Housing: Design Standards for New Apartments (September 2007).

Draft Guidelines for planning authorities on Sustainable Residential Development in Urban Areas issued in February 2008. I also issued updated guidance in February on Taking in Charge of Residential Developments/Management Arrangements (Circular Letter PD 1/08). My Department is currently drafting planning guidelines relating to flood risk management in planning in conjunction with the Office of Public Works, and on planning, land use and national roads with the Department of Transport and the National Roads Authority. I expect to publish these draft guidelines for public consultation later this summer.

In addition to the above, work is underway in my Department with the aim of:

securing better integration between housing development and the provision of infrastructure and services such as schools, public transport, open spaces, play areas and other community facilities under the Developing Areas Initiative;

reviewing the decision-making process by local authorities in the zoning of land to ensure maximum transparency in this process; and

ensuring greater integration between the National Spatial Strategy, Regional Planning Guidelines, development plans and local area planning.

My Department has expressed views to local authorities on elements of their Development Plans and I have intervened in the Development Plan process where necessary in the interests of ensuring good planning and sustainable development and compliance with the National Spatial Strategy. The performance of the planning system is kept under ongoing review by way of statistics collected by my Department and a range of performance indicators which form part of the annual report on Service Indicators in Local Authorities. Copies of these are available on my Department's website, www.environ.ie.

Leo Varadkar (Dublin West, Fine Gael)
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Question 395: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied with the planning enforcement powers afforded to local authorities and the manner in which they are being used; and if he will make a statement on the matter. [15017/08]

Leo Varadkar (Dublin West, Fine Gael)
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Question 396: To ask the Minister for the Environment, Heritage and Local Government if he will reform the provision for retention planning permission; and if he will make a statement on the matter. [15018/08]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 395 and 396 together.

The enforcement of planning control is a matter for individual planning authorities, who have substantial enforcement powers under the Planning and Development Acts 2000-2006. Under planning legislation, the planning authority can take action if a development does not have the required permission, or where the terms of permission have not been met. The Planning and Development Act 2000 gave substantial additional powers to planning authorities in the area of enforcement. For example, the Act provided for the first time that the making of an application for retention permission could no longer be used as a defence against a prosecution for unauthorised development. Under the Act a planning authority may issue an enforcement notice in respect of an unauthorised development, requiring such steps as the authority considers necessary to be taken within a specified period. In the event of non-compliance, the planning authority may itself take the specified steps and recover the expense incurred in doing so. A planning authority may also seek a court order requiring any particular action to be done or not to be done.

These enforcement powers were further strengthened in the Planning and Development (Strategic Infrastructure) Act 2006, which allowed planning authorities to refuse to grant planning permission, without recourse to the High Court, to any developer who has substantially failed to comply with a previous planning permission; if the applicant wishes to have this decision overturned, he/she will have to apply to the High Court. An application for retention planning permission is decided on the same criteria as a normal application for planning permission, that is, a planning authority must consider the application in the context of the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies/guidelines. Like other decisions on planning applications by planning authorities, decisions on applications for retention permission may be appealed to an Bord Pleanála.

While I am satisfied that planning authorities have substantial powers of enforcement, I am aware of concerns about the effectiveness of enforcement and I will continue to keep the operation of Part VIII under scrutiny to ensure its effective implementation.