I propose to take Questions Nos. 437 to 441, inclusive, together.
Enforcement of planning control is a matter for the 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. The 2000 Planning Act places substantial obligations on planning authorities in relation to enforcement. A planning authority must issue a warning letter in relation to written complaints regarding unauthorised development, or other unauthorised development it becomes aware of (except in the case of trivial or minor development). There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued. The planning authority's decision on whether to issue an enforcement notice must be entered on the planning register and, in cases where it is decided not to issue an enforcement notice, any complainant must be informed.
It might also be noted that the Planning and Development (Amendment) Act 2010 contains a number of further provisions in relation to enforcement. The minimum fines have been increased and the requirements on a planning authority in relation to the issuing of an enforcement notice have also been increased: it is now explicitly provided that where unauthorised development is being carried out and the developer has not moved to rectify the position, the planning authority must issue an enforcement notice unless there is a compelling reason for not doing so. Also, the so-called 7 year rule, under which proceedings may not be taken, in the case of a development with no permission, after 7 years from the commencement of the development, has been abolished in the case of quarries and peat extraction activities. Two of these provisions have been commenced and it is intended to commence the last one shortly. Under Section 30 of the Planning and Development Act 2000 I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement matter, with which a planning authority or An Bord Pleanála is or may be concerned.
