Ombudsman criticises lack of enforcement of planning laws

The Ombudsman, Ms Emily O'Reilly, has attacked local authorities for failing to use their powers to enforce planning laws.

The Ombudsman, Ms Emily O?Reilly, presenting the 2003 Ombudsman annual report, yesterday. This is her first annual report since becoming Ombudsman on June 1st, 2003.
The Ombudsman, Ms Emily O?Reilly, presenting the 2003 Ombudsman annual report, yesterday. This is her first annual report since becoming Ombudsman on June 1st, 2003.

The Ombudsman, Ms Emily O'Reilly, has attacked local authorities for failing to use their powers to enforce planning laws.

Speaking at the launch of her first annual report, Ms O'Reilly said that planning matters continue to be the major issue of concern for the general public, accounting for 27 per cent of complaints to her office regarding local authorities.

She said the principal complaint related to failure to issue warnings or bring enforcement proceedings against illegal developments, despite the fact that councils now have significant powers - introduced two years ago - to ensure their enforcement orders are complied with.

She said that the Department of the Environment's own figures showed "a yawning gap between" the amount of illegal development activity and the enforcement of law.

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In 2002, local authorities issued 1,710 enforcement notices, according to the figures, but only 436 were complied with.

"Most people would consider that that suggests that the individuals who break the planning laws are not too concerned about being punished," Ms O'Reilly said.

She also suggested that there was a culture within Irish society whereby economic development has taken precedence over planning matters.

"Local authorities have to take their cue from their political masters and they have to take their cue from the courts - it would seem to me that they are not getting that cue."

Under the 2002 Planning and Development Act, councils have significant powers in relation to enforcement of planning laws. They can remove structures themselves and pass on the costs to the developer.

"My aim is to encourage local councils to use the new powers they have under the Act and not to be deterred by fears of legal action further down the line ... I do not yet have the evidence to be able to demonstrate that that determination is there."

She also said that there appeared to be a trend that local authorities appeared to be more willing to take enforcement proceedings relating to domestic dwellings as opposed to major developments.

In response to the criticisms, a spokesman for the Minister for the Environment, Mr Cullen, said the Minister "would be keen to see increased levels of enforcement".

Initial statistics on enforcement levels for 2003 have show a marked increase in levels of compliance and numbers prosecuted for breaches, he said.

Ms O'Reilly also expressed her surprise at the low number of complaints her office receives relating to medical treatment.

She believed there was no culture of complaining in relation to the quality of medical treatment in Ireland. This was separate to the issue of negligence.

She believed it was "going to take time" before there was a greater questioning of medical care by the general public, but this would occur once people "begin to talk in a more open way".