Dáil Éireann Debate, Tuesday - 11 July 2023
356. Deputy Colm Burke asked the Minister for Housing, Local Government and Heritage what action his Department will take with local authorities where planning permission was issued for commercial units on the ground floor subject to the construction of residential units on floors one and two, and where the property developers are now refusing to make residential units available for occupation; and if he will make a statement on the matter. [33571/23]
View answerIn accordance with the Planning and Development Act 2000 (as amended), development management, undertaken by the relevant planning authority, is a statutory process to ensure that development takes place in an orderly and efficient manner. The planning authority must have regard to the matters provided for in Section 34 of the Planning Act. Furthermore, a planning authority must have regard to guidelines issued to the planning authority by the Minister regarding its functions, under Section 28 of the Planning and Development Act 2000 (as amended), including the Development Management Guidelines for Planning Authorities issued in 2007.
Development must be carried out and completed in accordance with the planning permission(s) granted. The planning authority also has the power to ensure that any development undertaken complies with conditions attached to planning permission by the planning authority. However, the granting of planning permission in itself does not require the applicant to commence development.
In cases where development has commenced in breach of the planning permission, including a breach of any conditions attached to the permission, enforcement action may be taken by the planning authority. The relevant planning authority may use all powers at its disposal to ensure that development only takes place with the benefit of valid planning permissions and that all conditions attached to permissions are complied with.
To note, Section 34 of the Planning and Development Act 2000 (as amended) also states that a person shall not be entitled solely by reason of a permission under that section to carry out any development. There are other legal and procedural requirements which may have to be complied with, such as legislation relating to building control, public health and fire safety.
Under Section 30 of the Act, I, in my role as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
