Written answers

Wednesday, 29 September 2010

Department of Environment, Heritage and Local Government

Planning Issues

11:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 1461: To ask the Minister for the Environment, Heritage and Local Government if he will support a matter (details supplied). [32220/10]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Under the Derelict Sites Act 1990, local authorities are required to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become or continue to be a derelict site. To this end, they have been given substantial powers under the Act in relation to any such sites, including powers to require specified measures to be taken in relation to a derelict site, to impose a levy on derelict sites, or to compulsorily acquire any derelict site. I expect local authorities to use their statutory powers as they consider appropriate.

Building Regulations generally apply to the construction of a new building, to the extension and material alteration of an existing building and to the material change of use of an existing building. Where a building control authority, Galway County Council in this case, considers that construction works or a change of use coming within the scope of the Building Regulations may give rise to a risk to the health and safety of persons who may be in or about the building or works, it may apply (under section 12 of the Building Control Acts 1990 and 2007) to the High Court or Circuit Court for an order requiring the following:

the removal, alteration or making safe of any structure, service, fitting or equipment; or

the discontinuance of any works; or

the restriction or prohibition of the use of the building until any of the above requirements has been effected.

Enforcement of the Building Regulations is the responsibility of Galway County Council as the Building Control Authority for the area.

I understand from Galway County Council, that as the related planning permission for the development has expired, a re-inspection of the site will be carried out by a Planning Enforcement Officer as soon as possible.

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