Written answers

Thursday, 8 July 2021

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

195. To ask the Minister for Housing, Planning, and Local Government if the seven-year rule is paused when a local authority issues an enforcement notice regarding an unauthorised development. [36925/21]

Photo of Sorca ClarkeSorca Clarke (Longford-Westmeath, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

196. To ask the Minister for Housing, Planning, and Local Government the obligation on a local authority to ensure that a development is removed when an application for retention is refused. [36926/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 195 and 196 together.

Under planning legislation, enforcement of unauthorised development 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.

There are extensive enforcement provisions provided for in Part VIII of the Planning and Development Act 2000, as amended (the Act), with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions and that no unauthorised development takes place. In addition, any person or a planning authority may seek a court order under section 160 of the Act in relation to unauthorised development with a view to ensuring that the development works in question are not carried out or continued.

In this connectionn, section 157(4)(a)(i) of the Act provides that enforcement proceedings shall not be commenced in respect of development where no permission has been granted, after seven years from the date of commencement of development. Under section 157(4)(aa), enforcement action may be taken against unauthorised quarrying or unauthorised peat extraction at any time.

Enforcement proceedings against unauthorised developments other than quarries or peat extraction may be commenced at any time within the seven year period referred to where the planning authority receives representations from any person under section 152(1)(a) or in accordance with section 125(1)(b) where it otherwise appears to the authority that unauthorised development may have been, is being or may be carried out.

Where enforcement proceedings have commenced, in accordance with Section 162(3) of the Act, no enforcement shall be stayed or withdrawn by reason of an application for permission for retention of unauthorised development under section 34(12C) of the Act or the grant of that permission.

Provision for the recoupment of costs arising from enforcement action taken by planning authorities is provided for under section 154 of the Act. Section 154(5)(b) provides that an enforcement notice shall require that such steps as may be specified in the notice be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development.

Section 154(5)(c) further provides that if the steps specified in the enforcement notice are not taken within a specified period (not being more than 6 months), the planning authority may enter on the land and take such steps and may recover any expenses reasonably incurred by them in that behalf.

Furthermore, section 154(5)(d) provides that an enforcement notice shall require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.

Section 154(7) further provides that if required, any expenses reasonably incurred by a planning authority may be recovered as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served. Alternatively, the costs incurred by a planning authority may be secured by charging the land under the Registration of Title Act, 1964, or where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.

Section 156 sets out the penalties that may be applied in relation to non-compliance with specific sections of the Act. In this connection, 156(1) provides that a person who is guilty of an offence shall be liable, on conviction on indictment, to a fine not exceeding £10,000,000 or to imprisonment for a term not exceeding 2 years, or to both. It further provides that a person who is guilty of an offence shall be liable, on summary conviction, to a fine not exceeding £5,000, or to imprisonment for a term not exceeding 6 months, or to both. Under section 156(2) of the Act, where a person is convicted of an offence and there is a continuation by him/her of the offence after his/her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable.

Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.

Comments

No comments

Log in or join to post a public comment.