Mr. Gogarty: I hope the "Prime Time" producers are watching tonight because one of their investigations is the only thing that could possibly help root out the numerous planning abuses that have taken place throughout this country. The abuse is due either to a lack of resourcing among local authorities or insufficient legislation on the matter by means of the planning Acts and other laws. I want to be specific. There are many areas around the country which might have been brought to my attention, but a case from my own constituency might be most appropriate. Time and again we see where developers or in some cases businesses construct what would be seen as developments in breach of planning regulations without planning permission. Sometimes they later seek and secure retention. That is fair enough. They pay the price for that. In many cases however, dwellings or businesses are built with no enforcement proceedings being initiated to stop them. There is a glut there. In south County Dublin, where I was first elected as a councillor, and which area has now co-opted councillor Fintan McCarthy, this abuse is endemic. It is not just a case of large-scale development as in the case of Weston Aerodrome, recently being granted a limited permission by An Bord Pleanála while enforcement proceedings were still going on regarding unauthorised developments elsewhere on the site. We heard that the developer of Weston Aerodrome was in breach of numerous planning regulations in Saggart at the time. I do not necessarily want to have a go at Mr. Mansfield. He is a high profile person and he wants to build a conference centre which would be hugely welcome in the county. That is one large-scale example of how planning permission is being applied for without the regulations being adhered to. The law needs to be changed so that a council is not drained, with its staff working full time trying to enforce regulations, and their eyes taken off the ball elsewhere. Councils need more resources in their enforcement departments, or else a law is needed. I will consider later what is required in such a law. I will tell a little story about an area near Rathcoole called Calleaguestown. It is a small laneway on the outskirts of Rathcoole. I would call it the planning breach centre of Ireland. It has quite a number of developments including office buildings, a furniture retailer and other commercial units erected without any action being taken by South Dublin County Council over some time. This is an area of significant historical and archaeological interest, but the council has taken no action to protect the historical landscape. All the developments contravene the county development plan. There have also been allegations of threats against residents of the
area who have dared to suggest they have a right to see that proper planning
procedures are adhered to in their area, yet nothing has been done. A
business is allegedly owned by Noel and Celia Lee or a Jimmy Dunne. There
is another furniture shop, Stafford Furniture, and the involvement of
another relative, John Dunne. Some of these people seem to be related.
I do not wish to cast aspersions on people but the records and the buildings
exist. Photographs which I cannot show in the House show buildings that
the council knows should not exist, yet it has taken no action. Mr. N. Ahern: One of the major reasons for the revision of the planning code in 2000 was to ensure increased compliance with planning laws by developers. The introduction of a culture of enforcement is critical to ensure that the planning control system works properly and for the benefit of the community as a whole. If people are to respect the planning laws they must be assured that they will be generally enforced. Mr. Gogarty: They are not being enforced. Mr. N. Ahern: In the past there were many complaints
that people were able to avoid planning requirements with impunity. A
range of new measures was included in the Planning and Development Act
2000 to tackle the problem and to streamline and improve the enforcement
process. Mr. Gogarty: It is not happening. Mr. N. Ahern: It is the law of the land. The Deputy is no longer on
the council and his replacement may know the position. Local authorities
normally try to comply with the law of the land. The period of time for
taking enforcement action was also extended from five to seven years.
If people attempt to hide behind a corporate identity this can now also
be prevented. Mr. Gogarty: It still is. Mr. N. Ahern: These provisions, combined with a robust approach to enforcement by planning authorities, should ensure that future developments are undertaken fully in compliance with the planning code. Further legislative change is not under consideration. I suggest to the Deputy that his replacement on the council should quote the law because local authorities try to uphold it. I was a member of a local authority for many years. Some of the incidents quoted by the Deputy may have happened in the old regime before the 2000 Act came into force. Mr. Gogarty: It is still happening. An Leas-Cheann Comhairle: The time
allowed for this matter has been exceede |
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