Dáil Éireann Debate, Thursday - 25 May 2023
182. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will clarify his Department’s position on four housing issues (details supplied); and if he will make a statement on the matter. [25393/23]
View answerWith regard to the matters raised, section 34(4)(c) of the Planning and Development Act 2000, as amended (the Act), enables planning authorities to attach conditions to a planning permission requiring the taking of measures to reduce or prevent –
• the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in the neighbourhood, or
• the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site.
Where a developer is not in compliance with a granted planning permission including any attached conditions, then enforcement of planning is a matter for the relevant planning authority. There are extensive enforcement provisions provided for in Part VIII of 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.
If any person is of the view that any development works being undertaken are not in compliance with the permission granted or any condition attached to a permission, they may make a written submission to the relevant planning authority under section 152 of the Act. It is a matter for the planning authority to investigate the matters raised in any correspondence and to take any appropriate enforcement action. This may include the issuing of a warning letter under section 152 of the Act and, where necessary, an enforcement notice under section 154 of the Act requiring that the development is carried out in conformity with the planning permission and any conditions pertaining to that permission.
The Environmental Protection Agency (EPA), - which is under the aegis of my colleague the Minister for the Environment, Climate and Communications, - operates the Local Authority Environmental Enforcement Performance Framework, details of which can be accessed on the EPA website at the following link: - www.epa.ie/our-services/compliance--enforcement/support-and-supervision-of-local-councils/la-performance/. The EPA has a supervisory role in relation to the performance by local authorities of their statutory environmental protection duties including in relation to air and noise controls. In addition, policy in relation to air quality, noise and industrial emissions falls under my colleague, the Minister for the Environment, Climate and Communications.
Where an individual is of the opinion that the relevant local authority is not addressing any environmental issues raised, the EPA provides information on complaints procedures at:
www.epa.ie/our-services/compliance--enforcement/whats-happening/make-an-environmental-complaint/
Where the EPA receives a complaint in this regard, it is a matter for the EPA to determine whether the local authority is fulfilling its environmental functions.
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.
