Written answers

Tuesday, 13 November 2018

Department of Housing, Planning, and Local Government

Planning Guidelines

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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619. To ask the Minister for Housing, Planning, and Local Government if a review of the planning laws will be carried out as they relate to unauthorised developments; if recent assessments have been done into the widespread abuse of planning laws; if consideration has been given to the costs involved in resolving issues including legal, court, administrative costs and the loss of public confidence in the planning system (details supplied); the changes he plans to make in relation to same; and if he will make a statement on the matter. [46737/18]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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My role, as Minister, in relation to the planning system is mainly to provide and update the legislative and policy guidance framework. The legislative framework comprises the Planning and Development Act 2000 (the Act), as amended, and the Planning and Development Regulations 2001, as amended.

With regards to policy guidance, my Department has issued a large number of planning guidelines (available on the Department’s website, www.housing.gov.ie) under section 28 of the Act, to which planning authorities and An Bord Pleanála are obliged to have regard in the exercise of their planning functions. The day-to-day operation of the planning system is, however, a matter for the planning authorities.

Under planning legislation, enforcement of planning control is a matter for the relevant planning authority which can take action if a development does not have the required permission or where the terms of a permission have not been met. Planning authorities have substantial enforcement powers under the Act in this regard. A planning authority may issue an enforcement notice in connection with an unauthorised development, 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 under section 160 of the Act requiring any particular action to be done or not to be done. Indeed, section 160 of the Act provides that anyone may seek a court order in relation to unauthorised development; such action is not restricted to planning authorities.

While my Department keeps planning legislation under regular review, I am satisfied that planning authorities have sufficient enforcement powers at their disposal under the existing legislation and I have no plans to amend the provisions at this time.

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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620. To ask the Minister for Housing, Planning, and Local Government the steps he will take to issue the appropriate order to make the necessary adjustments to the national planning framework in the context of commitments given to an organisation (details supplied) at a meeting on 4 October 2018; and if he will further instruct the regional assemblies to amend their RSES to comply with these adjustments and changes. [46739/18]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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The National Planning Framework (NPF), published together with the National Development Plan (NDP) as part of Project Ireland 2040 earlier this year, is intended to provide the strategic context for future planning, development and investment over the next two decades. In addition, the NPF represents a long-term strategy for Government Departments, State agencies, State-owned enterprises, regional and local authorities and others to support communities to achieve their potential for economic, social and infrastructural development through a shared set of strategic objectives and key principles.

My Department held an information meeting with key industry stakeholders on 4 October 2018 to discuss practical aspects of the implementation of the NPF in relation to the cascading of its policies to existing local authority development plans and through the forthcoming Regional Spatial and Economic Strategies (RSESs). Such practical aspects included where existing local authority development plans, including the levels of land zoned for development, might be out-of-step with the broad policy framework of the NPF and the RSESs. Technical aspects of such situations have been the subject of ongoing communications and engagement between my Department and the Regional Assemblies, including the provision of the necessary guidance and advices.

The draft RSES for the Eastern and Midland Regional Assembly is now on public display until 23 January 2019, and has been submitted to me as Minister as a statutory consultee.

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