Planning Issues

Dáil Éireann Debate, Thursday - 4 July 2013

Thursday, 4 July 2013

Questions (175)

Andrew Doyle

Question:

175. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he or officials in his Department are planning any legislative amendments to deal with a recent High Court decision on the demolition of unauthorised developments; the communications his Department have had with local authorities in this regard; if in view of encouraging local authorities to appeal such decisions to higher courts, he or his officials have considered the costs of further legal action this would have on the exchequer; if given any such advice, his Department is giving any financial assistance to local authorities in dealing with this matter; when he intends to bring legislative amendments forward rather than dealing with lengthy expensive periods in the courts; and if he will make a statement on the matter. [32744/13]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

My Department wrote to planning authorities last month to bring to their attention and outline the potential implications of the judgment of the High Court in Wicklow County Council v. Fortune (judgment delivered on 6 June 2013). The case related to an application under Section 160 of the Planning and Development Act 2000 (as amended) requiring the demolition of an unauthorised dwelling in County Wicklow.

My Department’s circular letter outlined that the implication of this judgment is that where planning authorities are considering similar actions, in putting forward planning and environmental considerations to support the granting of such a relief (i.e. demolition) and to generally support and uphold the integrity of the planning system, they will be required take account of the weight attached by the Court in this case to the protections offered under the Constitution to the dwelling.  

The circular letter also stated that future similar cases brought directly to the High Court could, if necessary, be appealed to the Supreme Court to allow for further exploration of the proportionality principle in relation to criminal offences committed under the Planning Acts.

In the meantime, my Department has requested that planning authorities continue to vigorously apply all the provisions available under Part 8 of the Planning and Development Act to provide for the fullest implementation of the planning enforcement code.

In addition I am considering legislative amendments to support enhanced implementation of the planning enforcement code through the next Planning Bill.

Question No. 176 answered with Question No. 172.