That the council explore further the value of collating a list of developer businesses that fail to comply with planning permission in the future.
Report issued by Ken Kavanagh, SEO, Planning Department. In accordance with Section 7 of the Planning and Development Acts 2000 – 2014, the Planning Authority has a duty to maintain a register. The register contains among other matters the following in relation to unauthorised development:
(r) Particulars of any warning letter issued under section 152, including the date of issue of the letter and the fact of its withdrawal, if appropriate,
(s) the complete decision made under section 153 on whether an enforcement notice should issue, including the date of the decision,
F36 (sa) particulars of any enforcement notice issued under section 1770;
(t) particulars of any enforcement notice issued under section 154, including the date of the notice and the fact of its withdrawal or that it has been complied, with, if appropriate.
Since 2004 the planning register is recorded in digital format with appropriate links to I-plan etc. The register is a public record which is available on line. There is no requirement to maintain a separate list to the planning register. It should also be noted that the Council has responsibilities under legislation governing data protection and reputational damage. In this regard the Council cannot disseminate information which could lead to a person’s ability to continue with normal commercial activity being compromised. The dissemination of any such list could lead such compromise and in turn, to potential legal costs for the council.
It should be noted, that under Section 35 of the Planning and Development Acts 2000 – 2014 there is provision to refuse planning permission for a development where there have been failures to comply with any previous permission, or with any condition to which that permission is subject, that are of a substantial nature. A notification to refuse permission to such an applicant is open to challenge in the High Court.