Dáil Éireann Debate, Tuesday - 21 November 2017
609. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government to outline his plans to amend legislation on planning applications for companies that have been shown to engage in tax avoidance or poor building practices; and if he will make a statement on the matter. [49151/17]
Amharc ar fhreagraSection 35 of the Planning and Development Act 2000, as amended, enables planning authorities to refuse - subject to certain limitations - planning applications by any person who has not previously complied with a planning permission, with conditions attached to a permission, or who has previously carried out unauthorised development.
In the context of the Planning and Development (Amendment) Bill 2016 which is presently progressing through the Oireachtas, I have proposed a number of amendments to further strengthen the provisions of the 2000 Act. In this regard, section 11 of the Bill, as amended during consideration by the Dáil Select Committee, proposes to amend section 34 of the 2000 Act to require planning authorities and An Bord Pleanála, in deciding on planning applications and appeals, to have regard to previous developments by the applicant which have not been satisfactorily completed and also to any previous convictions against the applicant for non-compliance with the 2000 Act, the Building Control Act 2007 or the Fire Services Act 1981.
I have also tabled for consideration during the current Dáil Report Stage of the Bill an amendment to further strengthen the existing section 35 provisions on past performance to enable planning authorities to refuse planning permission in respect of proposed new developments, where a person has previously operated under a particular company name which has left estates unfinished and who subsequently applies for planning permission for a new development under a different company name.
As the overall purpose of the 2000 Act is to provide for proper planning and sustainable development and protection of the environment, it would not be appropriate to amend the Act to require planning authorities or the Board to have regard to matters outside the scope of the planning code, such as an applicant’s record of tax compliance, when deciding on planning applications and appeals.
