Written answers
Wednesday, 17 September 2014
Department of Environment, Community and Local Government
Proposed Legislation
Michael Healy-Rae (Kerry South, Independent)
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1534. To ask the Minister for Environment, Community and Local Government his views on an amendment (details supplied) to the Planning and Development Act. [33874/14]
Alan Kelly (Tipperary North, Labour)
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Section 152 of the Planning and Development Act 2000 requires that a planning authority must issue a warning letter following receipt of a complaint made under section 151 alleging that unauthorised development may have been, is being, or may be carried out, unless the development in question is of a trivial or minor nature.
The warning letter must, among other things, state that it has come to the attention of the planning authority that unauthorised development may have been, is being or may be carried out, and that the person served with the letter may make written observations within 4 weeks. The planning authority must then carry out an investigation and decide whether it is necessary to issue an enforcement notice, and in making this decision it must take into account any submissions received from the person on whom the warning letter was served.
I have no plans to amend the current provisions. In this regard, a complaint alerts the planning authority to the fact that unauthorised development may have been or is being carried out. An enforcement notice in relation to any such unauthorised development will only be issued where this has been established to be the case.
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