Finian McGrath
Question:862. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding roads in Dublin 13. [28740/15]
View answerTuesday, 14 July 2015
Questions (862)
Written answers
In so far as this relates to a matter which is a condition of a planning permission or planning permissions, enforcement of planning control is a matter for the planning authority, which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Planning authorities have substantial enforcement powers under the Planning and Development Act 2000. A planning authority may issue an enforcement notice, non-compliance with which is an offence, in connection with an unauthorised development, requiring such steps as the authority considers necessary to be taken within a specified period. If an enforcement notice is not complied with the planning authority may itself take the specified steps and recover the expense incurred in doing so. A planning authority may also seek a court order requiring any particular action to be done or not to be done.
The Planning and Development Act 2000 also places clear statutory obligations on planning authorities in relation to unauthorised development. A planning authority must issue a warning letter in relation to written complaints regarding unauthorised development, or other unauthorised development it becomes aware of (except in the case of trivial or minor development).
There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued or a court order should be sought, under section 160 of the 2000 Act. Where a planning authority establishes, following an investigation, that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out, and the person who has carried out the development has not proceeded to remedy the position, then the planning authority must issue an enforcement notice or seek a court order, unless there are compelling reasons for not doing so.
Under section 30 of the 2000 Act, I am specifically precluded from exercising any power or control in relation to any particular case, including a matter of planning enforcement, with which a planning authority or An Bord Pleanála is or may be concerned.