Finian McGrath (Dublin North Central, Independent)
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559. To ask the Minister for Environment, Community and Local Government the responsibilities that exist for local authorities to ensure houses are built in full compliance with the planning permission granted; and if he will make a statement on the matter. [9024/15]

Paudie Coffey (Waterford, Fine Gael)
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The Planning and Development Act 2000, as amended, places clear statutory obligations on planning authorities in relation to unauthorised development. Where a planning authority receives a written complaint regarding an unauthorised development, or otherwise becomes aware of unauthorised development (except in the case of trivial or minor development), it is required to issue a warning letter in relation to the unauthorised development concerned.

In addition, planning authorities are statutorily obliged to carry out an investigation and expeditiously decide whether an enforcement notice should be issued or a court order should be sought, under section 160 of the 2000 Act. Where a planning authority establishes, following an investigation, that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out, and the person who has carried out the development has not proceeded to remedy the position, then the planning authority must issue an enforcement notice or seek a court order, unless there are compelling reasons for not doing so. Furthermore, 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 so informed.

With regard to the completion of housing estates and other residential developments generally, my Department's Circular Letter PD 1/08 on the Taking in Charge of Residential Developments/Management Arrangements which issued to planning authorities in February 2008 states that:

“Ensuring that residential developments are completed in accordance with the planning permission is an essential part of a comprehensive taking in charge policy. It is important that the construction of the development be regularly inspected by the planning authority to ensure satisfactory completion in accordance with the permission. It is also necessary for the planning authority to satisfy itself, when the developer has ceased construction or notified the planning authority that construction is complete, or after the planning permission has expired, that the development is properly completed in line with the planning permission and, where it is not properly completed, to take early and effective enforcement action.”

Circular Letter PD 1/08 was incorporated into my Department'sPlanning Guidelines on Sustainable Residential Development in Urban Areas which issued to planning authorities in January 2009. These Guidelines were issued under section 28 of the Planning and Development Act 2000 and accordingly, planning authorities are statutorily required to have regard to them in the performance of their functions under the Act.