Ciarán Lynch (Cork South Central, Labour)
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Question 879: To ask the Minister for the Environment, Heritage and Local Government the number of prosecutions taken under section 154(9) of the Planning and Development Act; and if he will make a statement on the matter. [23232/08]

John Gormley (Dublin South East, Green Party)
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Insofar as section 154 of the Planning and Development Act 2000 is concerned my Department collects information on the:

number of enforcement notices issued following warning letters,

number of enforcement notices issued without previous warning letter,

number of enforcement notices complied with,

number of prosecutions initiated following failure to comply with an enforcement notice,

number of convictions on summary prosecution, and

number of convictions on indictment.

However, my Department does not collect information in relation to section 154(9) of the 2000 Act, which provides that any person who knowingly assists or permits the failure by another to comply with an enforcement notice shall be guilty of an offence.

Áine Brady (Kildare North, Fianna Fail)
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Question 880: To ask the Minister for the Environment, Heritage and Local Government the planning guidelines and regulations in place to ensure that future local area development plans provide for adequate community, educational and transport facilities; and if he will make a statement on the matter. [22508/08]

John Gormley (Dublin South East, Green Party)
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Under section 19 of the Planning and Development Act 2000, as amended by the Planning and Development (Amendment) Act 2002, a local area plan must be consistent with the objectives of the development plan for the area. Section 10(2) of the Act sets out the mandatory objectives of a development plan which include, inter alia: the provision or facilitation of the provision of infrastructure such as transport and water; the provision or facilitation of the provision of services for the community such as schools, crèches and other education and childcare facilities; and the preservation, improvement and extension of amenities and recreational amenities. Section 9(6) requires that development plans be consistent with national plans, policies and strategies.

These requirements are restated in my Department's statutory Guidelines for Planning Authorities on Development Plans (2007), which included a dedicated appendix on provisions for schools and school planning prepared in consultation with the Department of Education and Science. These guidelines are available on my Department's website at www.environ.ie.

My Department has recently completed a public consultation on draft planning guidelines on Sustainable Residential Development in Urban Areas. The guidelines reinforce the need for new development to be phased in line with the availability and provision of appropriate public transport and essential social and community infrastructure such as schools, amenities and other facilities, and for timely consultation with the Department of Education and Science in relation to new schools needs. I intend to finalise these guidelines later this year. The draft guidelines are also available on my Department's website.

The Developing Areas Initiative which is assigned to my colleague, Minister of State Michael Finneran, is also supporting work at central and local government levels to secure better co-ordination and timely delivery of key infrastructure and services in fast growing developing areas in parallel with housing development. The initial focus is on strategic locations which are experiencing significant development pressures within the gateways and hubs.

My Department is also working with the Department of Education and Science and the County and City Managers Association in finalising a new protocol that elaborates on the guidance already provided and sets out procedures for the integration of development planning and schools planning by addressing, inter alia, the following key issues:

Roles and responsibilities of the various stakeholders;

The forecasting of future education demand;

The interventions required at various stages of the development plan process;

Location and site development standards; and

Site transfer and acquisition procedures.