Written answers

Wednesday, 14 November 2018

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Catherine MurphyCatherine Murphy (Kildare North, Social Democrats)
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125. To ask the Minister for Housing, Planning, and Local Government if a review of the planning laws as they relate to unauthorised developments will be carried out; if a recent assessment has been conducted in respect of 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; if his attention has been drawn to unauthorised developments in the industrial and commercial sphere; if his attention has been further drawn to the unfair competitive advantage gained in addition to the loss of commercial rates, development levies and legal costs that cannot be recouped; the changes he plans to make in relation to the matter; and if he will make a statement on the matter. [46929/18]

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.

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