Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

In view of the substantial obligations that planning authorities already have in regard to enforcement, I do not support the creation of an appeals mechanism, as proposed. In any case, this would result in a whole new area of work for An Bord Pleanála, which would be required in each case to inspect the development, review the entire dealings with the issue by a planning authority etc. This would have some serious implications for the board's work in dealing with planning appeals. Nevertheless, in view of the concerns expressed by Senators on the issue of planning enforcement, my Department will consider again whether the enforcement provisions of the Act require amendment to further strengthen the requirements on planning authorities.

I addressed this matter in my reply to amendment No. 18 in the name of Senator Ryan and other members of his party. Other Senators, including Senator Glynn, commented on this matter on Committee Stage and perhaps on Second Stage.

I have asked the Parliamentary Counsel to examine if some extra provision as regards enforcement can be made in the Act. I will bring forward such a provision on Committee Stage in the Dáil, if that transpires to be the case, and report back to the House. I thank the Senators for bringing forward this proposal. I appreciate this is a topical and current issue but I also reiterate there are existing provisions regarding enforcement. If I get clearance on this from the Parliamentary Counsel, we will examine this proposal.

Under the planning Acts there is a clear statutory obligation on planning authorities in regard to an unauthorised development. It is important to state that because they have a responsibility in this area. A planning authority must issue a warning letter in regard to written complaints regarding unauthorised developments or other unauthorised developments of which it becomes aware, except in the case of a trivial or a minor development. There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued. The planning authority's decision on whether to issue an enforcement notice must be entered on the planning register and in cases where it is decided not to issue an enforcement notice, any complainant must be informed.

My Department's development management guidelines for planning authorities issued in June 2007; the statutory guidelines issued, under section 28 of the planning Act, recommend that enforcement notice should issue in all cases where an investigation has established that unauthorised development is being or has been carried out, unless there are compelling and defensible reasons for not doing so, and the persons who do not comply with this enforcement notice should be prosecuted in all cases.