Written answers

Thursday, 18 November 2010

Department of Environment, Heritage and Local Government

Planning Issues

5:00 pm

Photo of Ned O'KeeffeNed O'Keeffe (Cork East, Fianna Fail)
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Question 141: To ask the Minister for the Environment, Heritage and Local Government if he will provide assistance on a matter (details supplied). [43416/10]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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The developer of a residential estate is statutorily required to complete the development in accordance with the terms of the planning permission. A development which has not been completed in accordance with the planning permission is unauthorised development. Enforcement of planning control is a matter for the planning authority, which can take action where a development requiring planning permission has not obtained this permission, or where permission has not been complied with.

Planning authorities have substantial enforcement powers under the Planning and Development Act 2000. A planning authority may issue an enforcement notice, non-compliance with which is an offence, in connection with unauthorised development (which includes failure to comply with planning conditions) requiring such steps as the authority considers necessary to be taken within a specified period. If an enforcement notice is not complied with the planning authority may itself take the specified steps and recover the expense incurred in doing so. A planning authority may also seek a court order requiring any particular action to be done or not to be done.

The Planning Acts also place clear statutory obligations on planning authorities in relation to unauthorised development. 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). The planning authority must then carry out an investigation and where it establishes, following such an investigation that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out and the person who has carried out or is carrying out the development has not proceeded to remedy the position, the planning authority must issue an enforcement notice or make an application for a court order unless there are compelling reasons for not doing so.

The 2000 Planning Act also contains other relevant provisions in relation to the completion of housing estates:

· Sections 34(4)(g) and 180(2)(b) of the Act provide that a planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of a development, and, if the development is not subsequently completed satisfactorily, may apply the security to that satisfactory completion.

· Section 160 of the Act provides that a planning authority may apply to the Circuit Court or the High Court for an order requiring that a development be carried out in accordance with the permission.

Accordingly it is clear that planning authorities have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.

Section 180 of the 2000 Planning Act provided that where estates have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period, the planning authority must, if requested to do so by the majority of the residents of the estate, initiate the procedures for taking the estate in charge. A further provision has been added in the 2010 Act to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority consider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate. The decision as whether to take an estate is taken in charge is ultimately one for the elected members of a local authority.

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