Dáil Éireann Debate, Thursday - 11 April 2024
84. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage in cases of complaints of unauthorised development or breaches of planning permissions if he believes the current enforcement legislation is adequately robust to prevent such breaches; and if he will make a statement on the matter. [15657/24]
View answerUnder planning legislation, enforcement of planning control 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 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.
If a person is of the view that any development works being undertaken are not in compliance with the permission granted or are unauthorised, they may make a written complaint to the relevant planning authority under section 152 of the Act. It is then a matter for the relevant planning authority to investigate the matter and take any appropriate enforcement action. This may include the issuing of a warning letter in accordance with section 152 of the Act and, where necessary, an enforcement notice under section 154 of the Act. An enforcement notice shall require that the development is carried out in conformity with the planning permission and any condition pertaining to that permission, or where no permission has been granted, require that development to cease or not to commence, as appropriate.
A planning authority may also seek a Court order under section 160 of the Act, requiring any particular action to be done or not to be done. If an enforcement notice is not complied with, the planning authority may itself take the specified steps within an enforcement notice and recover the expenses incurred in doing so. In addition, under section 157 of the Act, summary proceedings for an offence under this Act may be brought and prosecuted by a planning authority. Where a person is convicted of an offence under Part VIII of the Act the penalties are prescribed under section 156 of the Act.
I am satisfied that planning authorities have sufficient enforcement powers at their disposal.
