The Planning Acts specifically allow for conditions designed to ensure that developments are completed to the satisfaction of planning authorities. These include conditions relating to the giving of security, the phasing and completion of works and the occupation of structures. Effective use of such conditions by local authorities and follow-up enforcement action can do much to obviate the kind of problems that arise.
Under the Planning Acts, decisions on planning applications must be based on physical planning criteria, and for this reason, refusal of permission on the grounds of the character and past record of an applicant, or requiring developers to finish a housing estate before applying for permission to build another, would not be possible under existing law. However, this matter will be examined in the present review of planning law which I have initiated.
Responsibility for the enforcement of planning control is a matter for the planning authority concerned. Where a development has been carried out without the benefit of planning permission or where conditions attaching to a permission are not being complied with, it is a matter for the relevant planning authority to take enforcement action.
In addition, it is open to any person to seek an Order in the High Court or the Circuit Court under Section 27 of the Local Government (Planning and Development) Act, 1976, as amended, requiring compliance with conditions laid down by the planning authority.
