Paul Gogarty (Dublin Mid West, Green Party)
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Question 943: To ask the Minister for the Environment, Heritage and Local Government the powers available to him under the Planning and Development Act 2000 and other Acts to investigate and remedy the failure of local authorities to carry out their duties in respect of planning matters including enforcement issues; the action he has taken or will take regarding matters brought to his attention pertaining to a lack of enforcement by Kerry County Council with regard to planning issues (details supplied); and if he will make a statement on the matter. [38286/09]

John Gormley (Dublin South East, Green Party)
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Under planning legislation, enforcement of planning control is a matter for the planning authority, which can take action if a development does not have the required permission, or where terms of permission have not been met.

Planning authorities have substantial powers and duties in relation to enforcement under the Planning and Development Act 2000. A planning authority must issue a warning letter in relation to written complaints regarding unauthorised development, or other 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.

Limited powers of investigation are available under section 255 of the Planning and Development Act 2000 and Section 224 of the Local Government Act. These powers would have to be exercised in a manner consistent with the general prohibition in section 30 of the Planning and Development Act 2000 on the Minister using 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.

It is also open to any person who considers that there is any breach of statutory duty by a planning authority to make a complaint to the Ombudsman.