Dáil Éireann Debate, Thursday - 25 January 2018
222. Deputy Mick Barry asked the Minister for Housing, Planning and Local Government the way in which it is possible for a business (detail supplied) to operate without planning permission unimpeded by his Department or the local authority; and if he will make a statement on the matter. [3797/18]
Amharc ar fhreagraMy role, as Minister, in relation to the planning system is mainly to provide and update the legislative and policy guidance framework. The legislative framework comprises the Planning and Development Act 2000, as amended (the Act) and the Planning and Development Regulations, 2001-2017.
With regard to policy guidance, my Department has issued a significant number of planning guidelines (available on the Department’s website, www.housing.gov.ie) under section 28 of the Act which planning authorities and An Bord Pleanála are obliged to have regard to in the performance of their planning functions. The day-to-day operation of the planning system is, however, a matter for the planning authorities.
Under section 30 of the Act, as Minister, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned.
Under the planning legislation, enforcement of planning control is a matter for the local planning authority concerned which can take action if a development does not have the required permission, or where any conditions attached to a permission have not been complied with.
There are extensive enforcement provisions provided for in Part VIII of the Act, with a view to ensuring that works pertaining to permitted developments are carried out in accordance with the planning permission granted and any associated conditions, and that no unauthorised development takes place. If a person is of the view that any development works undertaken, or being undertaken, are not in compliance with the permission granted or are unauthorised, s/he may make a written complaint to the relevant planning authority which is required to investigate the matter and take any appropriate enforcement action, including the issuing of an enforcement notice as necessary.
If an enforcement notice is not complied with, the planning authority may itself take specified steps to ensure compliance with the permission and any conditions attached to it, and recover any reasonable costs incurred in doing so. A planning authority may also seek a court order under section 160 of the Act, requiring that development is carried out in conformity with the planning permission and any condition attached to that permission, as well as requiring any particular action to be done or not to be done. Complaints about lack of planning enforcement should be addressed to the Director of Planning Services in the local authority concerned.
Legislative responsibility in relation the control of dogs, including the operation of dog breeding establishments, is a matter for my colleague, the Minister for Rural and Community Development.
