The planning Acts specifically allow for conditions to be attached to planning permissions about the giving of security, the phasing and completion of works and occupation of structures. Effective use of such conditions by local authorities, and follow-up enforcement action, can do much to obviate the kind of problems that arise in unfinished estates.
Responsibility for the enforcement of planning control is a matter for planning authorities. In addition, it is open to any person to seek a court order under section 27 of the Local Government (Planning and Development) Act, 1976, as amended, requiring compliance with conditions laid down by the planning authority.
The Planning and Development Act, 2000, includes much strengthened provisions regarding the enforcement of planning law and will enable a planning authority to refuse to grant permission to a developer based on past non-performance, subject to the consent of the High Court. The 2000 Act also provides for new requirements on planning authorities concerning the taking in charge of housing estates. Where an estate has been completed to the satisfaction of the local authority, the authority will be required to take it in charge when the developer or a majority of the residents request that the authority do so. Where an estate is unfinished, and the seven year period for taking enforcement action has expired, and a majority of the residents so request, the planning authority will be obliged to take the estate in charge.
