Written answers

Thursday, 26 April 2012

Department of Environment, Community and Local Government

Planning Issues

8:00 pm

Photo of Luke FlanaganLuke Flanagan (Roscommon-South Leitrim, Independent)
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Question 151: To ask the Minister for the Environment, Community and Local Government if he will amend the Planning and Development Act 2000 to ensure that local authorities will be forced to act on all reports of unauthorised developments and non-compliant developments whether they be reported by members of the public orally or in writing; and if he will make a statement on the matter. [21016/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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As it stands, the Planning and Development Act 2000 (as amended) already places 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 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. Nonetheless, I am maintaining ongoing oversight of planning enforcement and monitoring its effectiveness as necessary to ensure a robust statutory and policy framework for proper planning and sustainable development.

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