Report on Multi-Unit Developments - Law Reform Commission

enforcement mechanisms available. As the Departmental Circulars already
discussed underline, amongst the main objectives of planning enforcement is
ensuring that the terms and conditions of planning permissions are observed. 54
1.43 The Commission‘s research in preparing this <strong>Report</strong> suggests that
the approaches of planning authorities in enforcing planning conditions vary
greatly. Some take a pro-active attitude in ensuring compliance, which includes
visiting throughout the construction and completion of the development to
ensure that the actual work is in line with planning conditions. In the short term,
this avoids the need for planning authorities to compel developers to rectify
breaches or, in the long term, to rectify breaches themselves. Other planning
authorities appear to operate a more hands-off approach. It is likely that this
may result in poorer standards of housing quality within a given planning
authority‘s jurisdiction. As already noted, the Department of Environment,
Heritage and Local Government‘s 2008 Circular Letter advises all planning
authorities to inspect all developments regularly to ensure compliance with
planning conditions and that the development is being completed to an
appropriate standard. 55
1.44 The extent to which planning authorities employ enforcement
mechanisms varies. Some planning authorities rarely, if ever, call in
development bonds where a development has not been satisfactorily
completed. 56 Other local authorities do not hesitate to call in the development
bond, albeit as a last resort following exhaustion of other enforcement
mechanisms.
1.45 The Commission accepts that compliance measures, such as calling
in development bonds, are in some circumstances equally as effective as formal
enforcement through legislative notices to developers. 57 They can also be
implemented relatively quickly compared to legislative measures. The
Consultation Paper noted the success of protocols such as the Taking in
54
See also Simons, Planning and Development Law (Thomson Round Hall, 2004),
paragraph 7.05.
55
Department of Environment, Heritage and Local Government, Annex to Circular
Letter PD 1/08: Framework for a Comprehensive Taking in Charge Policy
February 2008, paragraph 3.6.
56
See paragraphs 1.46-1.48 below. Although see ibid, which requires planning
authorities to ensure that the level of development bonds will cover the expenses
of the local authority where the developer fails to complete a development or a
phase of a development within the specified period.
57
Of course, a formal enforcement notice can be most useful as an interim measure
to ensure compliance.
34