ask the Minister for Local Government if sections 26, 31 and 35 of the Local Government (Planning and Development) Act, 1963 have been implemented at any time; if not, why; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Planning Act.
13.
Section 26 contains the basic provisions in relation to the granting of planning permission for development and, as such, has been implemented by all planning authorities since the Local Government (Planning and Development) Act, 1963, came into operation on 1st October, 1964. Sections 31 and 35 are in operation since that date also and contain provision for enforcement of planning control which planning authorities may avail of where they consider such action is necessary and appropriate. While I have not information as to the number of notices which have been served under these sections, I am satisfied that planning authorities are fully aware of their powers and that enforcement notices have been served in a number of instances. I might add that various provisions of the Local Government (Planning and Development) Bill, 1973, are designed to make more flexible and also strengthen the enforcement powers of planning authorities.
Has the Minister any power to compel local authorities to enforce these regulations?
The local authorities have the power to enforce the regulations.
Is this not merely permissive legislation—they have permission if they wish to use it?
Local authorities have much authority under many Acts. If on every occasion on which there was a breach of any of these Acts the Minister were to take individual action, I do not think it would be possible to operate Local Government.
We discussed that in great detail when the Bill was going through the House. Why should we waste time on it now?
The Bill going through now takes a different line but I have given the situation as it has been up to now.