Dáil Éireann Debate, Tuesday - 15 February 2005
516 Mr. Gregory asked the Minister for the Environment, Heritage and Local Government the agency which takes enforcement action on section 25 planning decisions and the mechanism for such enforcement procedures. [4568/05]
View answerSection 25 of the Dublin Docklands Development Authority Act 1997 provides for the approval by the Minister of planning schemes in relation to areas of the docklands. Any development by the authority which is consistent with such a scheme, or any development by a person other than the authority that is certified by the authority to be consistent with such a scheme, is exempted development for the purposes of the Planning and Development Act 2000.
A certificate granted by the authority under section 25 may contain such conditions in relation to the carrying out of the development concerned as the authority considers appropriate. Where such conditions are not complied with, the relevant development would cease to be exempted development. In that event, the enforcement of planning controls would, in the normal course of events, be a matter for the relevant planning authority, in this case Dublin City Council, using the mechanisms provided under the 2000 Act. However, under section 160 of that Act, any person, including the authority, is empowered to apply to the Circuit Court or High Court for an injunction in relation to unauthorised development.
