Ombudsman reports rise in complaints on planning

The failure of local authorities to enforce planning regulations continues to be a major source of public complaint according to the Ombudsman, Mr Kevin Murphy.

Mr Kevin Murphy

In his annual report for 2001, Mr Murphy said his office recorded a 39 per cent rise in complaints about planning matters.

The office received a total of 2,539 valid complaints during 2001 compared to 2,136 complaints in 2000.

Forty two per cent related to civil service departments and offices, 34 per cent involved local authorities, 22 per cent related to health boards, and 2 per cent to An Post.

Mr Murphy said his office was concerned at the continuing failure of local authorities to take action against developers who breach the terms of planning permissions or who engage in unauthorised planning activities.

He said: "My office have been very frustrated that such actions have not been pursued with sufficient vigour, including court action, where appropriate."

The Ombudsman said his office had "expended considerable energies trying to persuade local authorities to take an appropriate course of action or, alternatively, to justify their reasons for not taking action against unauthorised development."

He said: "The outcome of a protracted complaint examination process has not always been to the satisfaction of the complainant or my office."

He said his office was reviewing its effectiveness in dealing with enforcement issues with "a view to taking a more critical approach to failure by a local authority to act properly."

However he was optimistic that the new Planning and Development Act which came into force in March would "strengthen considerably the powers of local authorities in relation to the enforcement of planning."

My office have been very frustrated that such actions have not been pursued with sufficient vigour, including court action, where appropriate Mr Kevin Murphy

He warned the implementation of the enforcement provisions contained in the Act will call for a considerable shift in "the mindset of local authorities" who will now be obliged to respond within six weeks of receipt of a complaint.

Ombudsman staff dealt with a total 15,459 enquiries from members of the public in 2001 compared with 4,441 in 2000.

Between valid and invalid complaints and enquiries, almost 19,000 people contacted the Ombudsman's Office during 2001 compared to 9,500 people during 2000.

Mr Murphy said his office received a lower level of complaint against the health sector relative to those received against other sectors.

He put this down to a low level of public awareness of his role in relation to complaints within the hospital system.

"The public voluntary hospitals and a whole range of health bodies are now within my jurisdiction as Information Commissioner," he said.