George Lee (Dublin South, Fine Gael)
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Question 983: To ask the Minister for the Environment, Heritage and Local Government the outcome to the bonds lodged with local authorities if developers do not adhere to the planning permission conditions; and if he will make a statement on the matter. [33831/09]

John Gormley (Dublin South East, Green Party)
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Sections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000 provide respectively that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development and, if a development is not subsequently completed satisfactorily, apply a security given under section 34 for the satisfactory completion of that development.

My Department's Development Management Guidelines (June 2007) and policy guidance on the Taking in Charge of Residential Developments (February 2008) advise that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure the satisfactory completion of those developments. The guidance also states that the security given should be adequate to ensure the proper completion of roads, footpaths, water mains, sewers, lighting and open space and the lodgment of the security should be coupled with an agreement that would empower the authority to realise the amount of the security at an appropriate time.

The enforcement of planning conditions, including conditions in relation to bonds, and the application of a bond for the completion of a development are matters for the relevant planning authority.