asked the Minister for Local Government when he intends to introduce amending legislation to empower local authorities to take immediate action against those who carry out development while ignoring the requirements of existing planning and development legislation.
Ceisteanna—Questions. Oral Answers. - Unauthorised Development.
35.
I presume the Deputy is referring to unauthorised development. There are ample powers in the Local Government (Planning and Development) Act, 1963 to deal with such unauthorised development. These powers include powers of prosecution under section 24 and powers of enforcement under sections 31 to 35. The need for amending legislation has not been demonstrated. Cases occur where complaints about unauthorised development are made to my Department and such complaints are referred to the appropriate local planning authority for necessary action.
Is the Minister aware that the managers responsible in the Dublin region do not accept what he is saying and, further, that they do not accept that the legislation we have at the moment is adequate to deal with the situation? I ask the Minister what can be done if, say, somebody decides to put in 20 caravans tonight on an unauthorised site? By the time legal action takes effect the season would be over and the person would have had what he wanted in any case. That person could come along next year and do the same thing. This is happening all over the place and local authorities are powerless under present legislation to deal with it.
I am not aware that there is any view that the legislation is in any way defective.
Can the Minister not see it for himself?
I am aware that enforcement action is not taken in many cases.
Enforcement action is taken but it takes six or seven months.