Dáil Éireann Debate, Tuesday - 17 October 2023
339. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to conflicting information related to a planning matter as stated (details supplied); the analysis which he or his Department has carried out on the planning permission in question; how the conclusion was reached; and if he will make a statement on the matter. [45248/23]
View answerIn the response given on my behalf in the Oireachtas on 21 September 2023 in relation to the matter raised, it was generally stated that:
"The ongoing maintenance of infrastructure such as lifts within private developments is not a planning matter, and furthermore the maintenance of lifts and communal spaces within or related to multi-unit developments or other private developments is a matter for the relevant management company."
This statement was made in the context of the operation and responsibilities of management companies not falling within the remit of the Planning and Development Act 2000, as amended (the Act) and its associated regulations. In this connection, the role of management companies falls under the Multi-Unit Development Act 2011, which is under the remit of my colleague the Minister for Justice, and sets out the responsibilities of management companies in the ongoing maintenance and operation of multi-unit developments.
My officials are aware of the issue at hand and it is recognised that the wider site has a complex planning history. However, under section 30 of the Act I, in my role as Minister for Planning, shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned. Therefore, I cannot comment on individual cases in which a planning authority may be involved.
It is important to note that where there is a potential breach of the planning code, for example where a condition attached to a planning permission is not adhered to, it is a matter for the relevant planning authority to investigate the matter and to take enforcement action where appropriate in accordance with Part VIII of the Act.
