COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 10, 2013

QUESTION NO. 10

QUESTION: Councillor W. Lavelle

To ask the Manager to provide a response to the new Policy Directive on Planning Enforcement; and with respect to the requirement for 'appropriate monitoring of planning enforcement', to ask the Manager to present a detailed report on planning enforcement activity in 2012; and in 2013 to date?

REPLY:

Under Section 29 of the Planning & Development Act 2000 (as amended) the Minister may issue policy directives to planning authorities regarding the performance of their function under the Planning Acts.  Planning authorities are bound to comply with such policy directives, as is An Bord Pleanala, where relevant.  Section 29 requires that the Minister must lay any proposed directive in draft form before the Oireachtas.

The Planning & Development (Planning Enforcement) General Policy Directive 2013 came into effect on the 9th of May 2013.  The directive is about planning enforcement and has three main objectives:

(1)  To remind planning authorities of their statutory obligations under Part VIII of the Planning & Development 2000.

(2)  To require planning authorities to undertake appropriate monitoring of planning enforcement.

(3)  To direct planning authorities to prioritise large-scale unauthorised development and enforcement cases.

South Dublin County Council's Development, Economic and Transport Planning Department has been and continues to be  compliant with the contents and thrust of the above Directive. There is a dedicated Enforcement Section which is under the overall responsibility of a Senior Officer.  This Section is responsible for all aspects of the enforcement function including:

(a)  Dealing with complaints about breaches of the planning code.

(b)  Appropriate monitoring of planning enforcement.

(c)  Priortising breaches of the planning code.

South Dublin County Council's Enforcement Section reports annually under six Service Indicator headings  The activity for 2012 and 2013 (end of April) is set out below:

Planning Enforcement	2012	2013 (30/04/2013)
Total number of cases subject to complaints that were investigated	263	74
Total number of cases subject to complaints that were dismissed	116	25
Total number of cases subject to complaints that were resolved through negotiations	104	30
Number of enforcement procedures taken through warning letters	253	63
Number of enforcement procedures taken through enforcement notices	128	31
Number of prosecutions	14	8