Dáil Éireann debate -
Wednesday, 25 Sep 1996

Vol. 469 No. 1

Written Answers. - Planning Regulation Breaches.

Eric J. Byrne

Question:

338 Mr. E. Byrne asked the Minister for the Environment the steps, if any, he will take to outlaw or penalise people blatantly ignoring the planning laws by looking for a retention of an unauthorised development; his views on the practice of causing delays for a local authority and then An Bord Pleanála, a process which can result in the law being effectively broken for a 12 month period with local authorities being incapable of taking any action during that period; and if he will make a statement on the matter. [16454/96]

Minister for the Environment (Mr. Howlin)

Provision for the grant of permission for the retention of structures or uses has been included in the planning code since its introduction in 1963. It has always been considered necessary to allow for the regularising of a position where the need for planning permission had been overlooked or where development had inadvertently departed from a permission. The existence of this procedure does not, however, entitle a person to proceed with development without the necessary permission, and an application for retention of an unauthorised development does not, in law, prevent a planning authority from taking enforcement action. It is for each authority to decide what enforcement action may be appropriate in individual cases.

The fee payable for planning applications in retention cases is one and a half times the normal fee.

Éamon Ó Cuív

Question:

339 D'fhiafraigh Éamon Ó Cuív den Aire Comhshaoil cén uair a dhéanfar cinneadh ar an iarratas ó Chomhairle Chontae na Gaillimhe le feabhas a chur ar scéim uisce Inis Oírr; agus an ndéanfaidh sé ráiteas ina thaobh. [16457/96]

Minister for the Environment (Mr. Howlin)

: Le déanaí, cheadaigh mé tógra ó Chomhairle Chontae na Gaillimhe chun dul ar aghaidh leis an pleanáil do thaiscumar agus na hoibreacha riachtanacha eile a bhaineann leis, ar chostas measta £250,000.