Mary Upton (Dublin South Central, Labour)
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Question 533: To ask the Minister for the Environment, Heritage and Local Government if he will introduce legislation to enable planning permission to be refused when an applicant is considered in breach of planning legislation; if he will legislate to allow the same conditions to apply as for a breach of planning permission; and if he will make a statement on the matter. [39785/08]

John Gormley (Dublin South East, Green Party)
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As stated in reply to Question No. 376 of 29 October 2008, Section 35 of the Planning and Development Act 2000 provides that a planning authority may decide to refuse to grant planning permission to an applicant where, in the view of that authority, the person or company concerned is not in compliance with a previous planning permission or with a condition to which the previous permission is subject. The applicant concerned may apply to the High Court which may by order confirm or annul the decision of the planning authority or direct the planning authority to consider the application for planning permission. I have no proposals at this time to extend the grounds on which an application for planning permission may be refused under this section.