asked the Minister for the Environment if his attention has been drawn to the fact that some developers succeed in circumventing restrictive conditions in planning permissions by carrying out works which are forbidden or excluded in the original permission and then submitting a new planning application for retention; and if he will introduce any legislation to curb these practices.
Written Answers. - Planning Applications.
109.
The power under Part IV of the Local Government (Planning and Development) Act, 1963 to grant permission to develop land includes power to permit the retention of structures. An application for retention is considered by reference to the normal statutory criterion of proper planning and development. Permission for retention can be granted subject to such conditions as the relevant planning authority, or An Bord Pleanála, consider appropriate and without necessarily requiring compliance with conditions subject to which a previous permission was granted.
Notwithstanding these provisions regarding retention, the Planning Acts also contain enforcement powers which may be used against developers where development is not carried out in conformity with a permission granted. While I have no specific proposal to amend the law in the respect mentioned in the question, I will be looking generally at the adequacy of enforcement powers in the course of an overall review of planning legislation which I intend to initiate as soon as possible.