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Dáil Éireann debate -
Tuesday, 20 Feb 1979

Vol. 311 No. 9

Ceisteanna—Questions. Oral Answers. - Planning Law Breaches.

7.

asked the Minister for the Environment if he is aware of the serious sense of grievance felt by many persons at the failure of a local authority to enforce planning laws against a party (details supplied) who has been found by the courts to be in breach of the planning laws; and, having regard to the frequency of such incidents in the area in question, if he will consider introducing legislation to amend the Planning Acts to provide aggrieved parties with simpler, cheaper and more expeditious remedies; and if he will make a statement on the matter.

There is no evidence to suggest that the planning authority failed to enforce planning legislation in this case nor, so far as I am aware, has the case come before the courts as a planning issue. The change of use of the premises was the subject of a reference under section 5 of the Local Government (Planning and Development) Act, 1963. Pending the decision on the reference, enforcement action was not taken by the planning authority. An Bord Pleanála decided in October 1978 that the change of use was development within the meaning of the Planning Acts and that it was not exempted from the requirement to obtain planning permission. I understand that the planning authority on 2 February this year served a warning notice on the owner requiring that the use be discontinued.

The powers of planning authorities under the provisions of the 1963 Planning Act in relation to planning control were considerably strengthened in the 1976 Act and I do not consider that further legislation is necessary at this stage. The legislation, of course, is kept under review.

Does this relate to a private house in the Terenure area?

The name is not given.

Is it only the address?

The Chair would prefer that names would not be quoted.

The Deputy who put down the question did not name the place.

The details are similar to those of a case which was discussed at some level. Is it in Terenure?

The Chair has asked me not to say.

Question No. 8.

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