Dáil Éireann debate -
Tuesday, 20 Nov 2001

Vol. 544 No. 3

Written Answers. - Planning Permission.

Brendan McGahon

Question:

371 Mr. McGahon asked the Minister for the Environment and Local Government the recourse available to members of the public when a local authority fails to take control and environmental action against individuals and organisations acting outside of planning laws. [28915/01]

Minister for the Environment and Local Government (Mr. Dempsey):

Under section 27 of the Local Government (Planning and Development) Act, 1976, as amended by the 1992 Act, any person may apply to the High Court seeking an order prohibiting unauthorised development or use of land. The court may, on foot of such an application, require that the development or unauthorised use be discontinued and, in so far as is practicable, that the land be restored to its condition prior to the commencement of the development or unauthorised use.

Similar provisions, suitably simplified and strengthened, will operate under section 160 of the Planning and Development Act, 2000, which will soon be commenced. I consider that strong and visible enforcement is critical to ensure that the planning control system works properly and for the benefit of the whole community. The new legislative provisions will address concerns about lack of enforcement and will include, in particular, a requirement on local authorities to keep complainants updated as enforcement actions proceed. I propose to commence the enforcement provision, together with the general development control provisions, early in the new year.