My Department does not provide funding to local authorities in respect of the recoupment of costs for the reinstatement of land arising from environmental damage, including damage caused by unauthorised quarries. Under planning legislation, enforcement of unauthorised development is a matter for the relevant 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.
There are extensive enforcement provisions provided for in Part VIII of the Planning and Development Act 2000, as amended (the Act), with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions and that no unauthorised development takes place, including in relation to quarries. In addition, any person or a planning authority may seek a court order under section 160 of the Act in relation to unauthorised development with a view to ensuring that the development works in question are not carried out or continued.
Provision for the recoupment of costs arising from enforcement action taken by planning authorities is provided for under section 154 of the Act. Section 154(5)(b) provides that an enforcement notice shall require that such steps as may be specified in the notice be taken within a specified period, including, where appropriate, the removal, demolition or alteration of any structure and the discontinuance of any use and, in so far as is practicable, the restoration of the land to its condition prior to the commencement of the development.
Section 154(5)(c) further provides that if the steps specified in the enforcement notice are not taken within a specified period (not being more than 6 months), the planning authority may enter on the land and take such steps ... and may recover any expenses reasonably incurred by them in that behalf.
Furthermore, section 154(5)(d) provides that an enforcement notice shall require the person or persons served with the notice to refund to the planning authority the costs and expenses reasonably incurred by the authority, including costs incurred in respect of the remuneration and other expenses of employees, consultants and advisers.
Section 154(7) further provides that if required, any expenses reasonably incurred by a planning authority may be recovered as a simple contract debt in any court of competent jurisdiction from the person or persons on whom the notice was served. Alternatively, the costs incurred by a planning authority may be secured by charging the land under the Registration of Title Act, 1964, or where the person on whom the enforcement notice was served is the owner of the land, an instrument vesting the ownership of the land in the authority subject to a right of redemption by the owner within five years.
Section 156 sets out the penalties that may be applied in relation to non-compliance with specific sections of the Act. In this connection, 156(1) provides that a person who is guilty of an offence shall be liable, on conviction on indictment, to a fine not exceeding £10,000,000 or to imprisonment for a term not exceeding 2 years, or to both. It further provides that a person who is guilty of an offence shall be liable, on summary conviction, to a fine not exceeding £5,000, or to imprisonment for a term not exceeding 6 months, or to both. Under section 156(2) of the Act, where a person is convicted of an offence and there is a continuation by him/her of the offence after his/her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable.
Accordingly, as indicated, there are already extensive enforcement powers available to planning authorities in relation to non-compliance with planning legislation. Said planning legislation is in compliance with EU law and applies to all forms of development, including the operation of quarries. Under section 157(4)(AA), enforcement action may be taken against unauthorised quarrying at any time.
With regard to the corporate governance of local authorities, it is the responsibility of the Chief Executive and the elected members to ensure that sound systems of financial management and internal control are in place in relation to the operations of local authorities. The Audit Committee of a local authority also has a role in this regard. According to the Audit Committee Charter, the Audit Committee has an independent role to advise the Council on financial reporting processes, internal control, risk management and other audit related matters.
Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.
While I do not envisage that any further actions are required in relation to planning enforcement at this time, I will continue to keep this matter under review.
