Dáil Éireann díospóireacht -
Tuesday, 12 Nov 2002

Vol. 557 No. 1

Written Answers. - Planning Regulations.

Olivia Mitchell

Ceist:

421 Ms O. Mitchell asked the Minister for the Environment and Local Government if, in view of the serious position disclosed by the Ombudsman in his reports on unauthorised development and of the expectations that Part VIII of the Planning and Development Act, 2002, would assist in restoration of planning enforcement, the steps his Department has taken to monitor the operation of the new provisions; if sufficient resources are being allocated to this by planning authorities; the reason his Department has still not issued guidelines to planning authorities on Part VIII; and if he will make a statement on the matter. [21156/02]

Minister for the Environment and Local Government (Mr. Cullen)

Strong and visible enforcement is critical to ensuring that the planning control system works properly and for the benefit of the whole community. A key objective of the Planning and Development Act, 2000 was to bring forward strengthened provisions in relation to planning enforcement. These new provisions came into force on 11 March 2002.

The changes in the 2000 Act which encourage increased enforcement and more compliance by developers include a new streamlined enforcement procedure. Fines under the Act have also been greatly increased and planning authorities will retain the income from such fines. Planning authorities will also be able to recoup their expenses when they prosecute a case. In addition, an application for permission to retain unauthorised development will no longer be a defence to an enforcement action or be a reason for staying a criminal prosecution. Increased penal fees for applications for such retention permission will act as a significant deterrent to developers from undertaking unauthorised development. The Planning and Development Act, 2000 also enables a planning authority to refuse to grant permission to a developer who has not complied with previous permissions, subject to the consent of the High Court. As these provisions are clear and comprehensive, my Department does not intend to publish special guidelines in this area.

I am also concerned to ensure adequate staffing levels for local authority planning departments. Numerous requests from planning authorities for sanction for additional planning posts, both professional planners and administrative staff, have been approved. Staffing of local authority planning departments has almost doubled over the last four years from 660 in June 1998 to 1276 in July 2002 and has involved significant recruitment of planners from abroad. I am confident therefore that the resources available to the planning system are increasing and will continue to increase over the next number of years as a significantly expanded number of graduate planners becomes available from the educational institutions.

The Ombudsman's report acknowledged that these changes were being made, and stated his intention to monitor the area closely. I also intend to keep the performance by planning authorities in this area under review.