asked the Minister for the Environment if his Department set out standards or guidelines in relation to how local authorities should ensure that housing developers are capable of completing estates so that they can be taken in charge without expenditure by the local authorities concerned.
Ceisteanna—Questions. Written Answers. - Completion of Estates.
225.
As already announced, I am having a general review of planning law carried out. This will include examination of any change which might improve the existing situation regarding the enforcement of planning control particularly in the case of housing estates. Whatever beneficial changes are identified, will be included in a Planning Bill.
I should, however, point out that the existing enforcement provisions of the Planning Acts are formidable and appear to operate reasonably well. The provisions were considerably strengthened by the Local Government (Planning and Development) Act, 1982, which substantially increased the penalties for planning offences and introduced certain indictable offences, carrying maximum fines of £10,000 or, at the discretion of the courts, imprisonment for a term not exceeding two years, or both the fine and imprisonment.
Many of the problems in regard to the completion of housing estates appear to stem not from the law as it stands but rather from the operation and implementation of the law. Accordingly, I have issued to planning authorities a substantial memorandum containing advice and guidelines on development control generally. This memorandum contains much that is relevant to housing estates and deals in particular with the type of conditions which should be attached to permissions for estates and the need for care and precision in drafting such permissions if effective enforcement action is to be taken at a later stage. In due course, I hope that it will be possible to prepare additional advisory material relating specifically to the enforcement of planning control.