Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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84. To ask the Minister for Housing, Planning, and Local Government in cases of complaints of unauthorised development or breaches of planning permissions if he believes the current enforcement legislation is adequately robust to prevent such breaches; and if he will make a statement on the matter. [15657/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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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.

There are extensive enforcement provisions provided for in Part VIII of 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.

If a person is of the view that any development works being undertaken are not in compliance with the permission granted or are unauthorised, they may make a written complaint to the relevant planning authority under section 152 of the Act. It is then a matter for the relevant planning authority to investigate the matter and take any appropriate enforcement action. This may include the issuing of a warning letter in accordance with section 152 of the Act and, where necessary, an enforcement notice under section 154 of the Act. An enforcement notice shall require that the development is carried out in conformity with the planning permission and any condition pertaining to that permission, or where no permission has been granted, require that development to cease or not to commence, as appropriate.

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. If an enforcement notice is not complied with, the planning authority may itself take the specified steps within an enforcement notice and recover the expenses incurred in doing so. In addition, under section 157 of the Act, summary proceedings for an offence under this Act may be brought and prosecuted by a planning authority. Where a person is convicted of an offence under Part VIII of the Act the penalties are prescribed under section 156 of the Act.

I am satisfied that planning authorities have sufficient enforcement powers at their disposal.

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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Planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website, and are available at the following link:

www.gov.ie/en/service/9e4ee-get-planning-statistics/.

The data collected relates to the total number of applications and decisions for all developments that require planning permission, broken down by year and planning authority. However, granular data, in terms of the average wait lengths for planning permission for individual houses, is not specifically collected and consequently is not available in my Department. Such information may be sought directly from the relevant planning authority.

There are a range of legislative provisions set out in relation to planning application decision timelines. When a planning application (including for an individual house) is made to a planning authority under section 34 of the Planning and Development Act 2000, as amended (the Act), section 34(8) of the Act prescribes that the planning authority must make a decision within 8 weeks of receiving a valid application where no further information is requested from the applicant. This 8 week period may be extended in accordance with section 34(8)(b) or (c) of the Act where further information is deemed to be required from the applicant and is requested within 8 weeks of receipt of the planning application.

Where a planning authority receives further information or evidence following a request under article 33 of the Planning and Development Regulations 2001, as amended (the Regulations), or revised plans, drawings or particulars following a request under article 34 of the Regulations, or otherwise receives further information, evidence, revised plans, drawings or particulars in relation to the application, and it considers that the information, evidence, revised plans, drawings or particulars received, as appropriate, contains significant additional data, including information in relation to effects on the environment, the planning authority shall - under article 35 of the Regulations - require the applicant to publish a notice in an approved newspaper advising that further information or revised plans has been received in respect of the planning application and that submissions or observations may be submitted on same within prescribed timeframes. This allows for a further period of public participation on the new information received.

A planning authority shall then make its decision within 4 weeks of such advertisement in accordance with section 34(8)(b) of the Act, except where an Environmental Impact Assessment Report or Natura Impact Statement accompanies a planning application, where the planning authority shall make its decision within 8 weeks of such advertisement in accordance with section 34(8)(c) of the Act.

In addition, section 34(8)(f) of the Act provides that where a planning authority has failed to make a decision in relation to an application within the period specified in paragraphs (a), (b), (c), (d) or (e) of section 34(8) of the Act as appropriate (referred to in this paragraph as the "first period") and becomes aware, whether through notification by the applicant or otherwise, that it has so failed, the authority shall proceed to make the decision notwithstanding that the first period has expired.