Oireachtas Joint and Select Committees

Thursday, 18 April 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail) | Oireachtas source

I understand what the Deputy is saying but – there is a "but" – seven years is currently prescribed and that is consistent with the Statute of Limitations. Last week, we dealt with another section related to quarrying and peat extraction, where we can go past that date, which I think we all agreed would be a good thing. The proposal to extend it to 15 years would remove the impetus from a planning authority to initiate enforcement proceedings, if you look at it the other way around. A planning authority should investigate alleged breaches of the planning code at the earliest opportunity and proceed with full enforcement, where appropriate, without undue delays. I know this is not the Deputy’s intention but if it is changed to 15 years, the urgency is removed. It is a doubling of the period of time. We obviously want planning authorities to take enforcement promptly. I think having the seven-year period, which is in line with the Statute of Limitations, strikes a good balance. If we were to extend it to 15 years, we could potentially be waiting for just over double the period of time for a planning authority to do anything, and we would not want that.

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