asked the Minister for Local Government the action he proposes to take to deal with structures erected without planning permission which have been in existence for over five years.
Ceisteanna—Questions. Oral Answers. - Unauthorised Structures.
84.
Sections 31, 32 and 33 of the Local Government (Planning and Development) Act, 1963, enable a planning authority to serve enforcement notices within a period of five years. I assume that the intention of the Oireachtas in enacting these provisions was to allow a reasonable period for initiating action to deal with unauthorised structures. I am unaware of any complaints regarding the inadequacy of the period. In the circumstances, no action appears to be required.
I do not know whether the Parliamentary Secretary is aware that quite recently when a structure for which there was no planning permission was brought to the notice of Dublin Corporation they said that because it had been in existence for a period of over five years they could not take action under the 1963 Planning Act. What method have the Department for dealing with structures which are known to be illegal and which were erected without planning permission if they are in existence for a period longer than five years?
Is it not so that the five years stipulation applies only to structures which were five years in existence on the coming into effect of the Planning Act and not any five years since?
Five years after the Planning Act came into effect.
Five years before it came into effect.
They said it had been in existence for over five years before it was brought to their notice.
That is not the same thing. This is what I am asking the Parliamentary Secretary about. It was five years before the Planning Act came in and not any five years after it came in.
Is that definite.
It is near enough. Do not commit him.
Deputy Blaney framed the Act.
I do not know whether the Parliamentary Secretary is aware that this building was deemed to have been erected in 1964. The complaint about it started in 1972. It had been in existence for over five years. They could not take any action against it under the 1963 Act.
There are other actions which the authority can take outside the five-year period. They can be required to move an unauthorised structure under section 36 of the Act. Compensation may be claimed under section 60 by any person who suffers damage by the depreciation of any adjacent structure.