Tommy Broughan (Dublin North East, Labour)
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Question 109: To ask the Minister for the Environment, Community and Local Government if he will respond to constituents' requests to hold a commission of investigation or other public inquiry into the planning and construction of an estate (details supplied) in Dublin 13; and if he will make a statement on the matter. [9943/11]

Willie Penrose (Longford-Westmeath, Labour)
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Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance, in this case Dublin City Council, and for An Bord Pleanála in the case of an appeal. I understand that planning permission for mixed use development was granted by the Council on 19 November 2003 subject to a number of conditions. It is the responsibility of the developer to implement planning permission and to comply with any conditions attaching to that permission.

Enforcement of planning control is a matter for the Council which can take action, inter alia , where the terms of a permission have not been met. I understand that there are ongoing legal proceedings being taken by Dublin City Council regarding compliance with this permission. I have no role in the matter. Under section 30 of the Planning and Development Act 2000, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.

In addition to the above, the national Building Regulations set out the legal requirements for the design and construction of new buildings, including houses, extensions and material alterations and certain changes of use of existing buildings. The related Technical Guidance Documents provide technical guidance on how to comply with the Regulations. Compliance with the Regulations is the responsibility of the owner or builder of a building. Enforcement of the Regulations is the responsibility of the 37 local building control authorities who are empowered to carry out inspections and initiate enforcement proceedings, where considered necessary. Where building defects occur, their remediation is a matter for the parties concerned, namely the building owner, the relevant developer and the builder's insurers, in line with any contractual arrangements agreed between the parties.

While I do not intend to establish a commission of enquiry, it should be noted that this estate has been identified in the National Housing Development Survey database, published in October 2010, which established an authoritative baseline analysis of unfinished housing developments to assist in fully understanding the scale and extent of the issues involved; the analysis is informing the work of the high-level Expert Group on Unfinished Housing Developments, established in November 2010, in identifying practical and policy solutions to address the difficulties associated with unfinished housing developments effectively and promptly. I expect the Advisory Group's Final Report to be submitted to me shortly; I will consider its findings and recommendations as a matter of urgency and will bring proposed actions and recommendations to Government for approval.

Consumer protection in the area of quality construction of new dwellings is a critical issue and I have also asked my Department to prioritise the formulation of policy proposals that will enhance compliance and enforcement of the building regulations in general.