Enforcing the planning laws

The need for local authority reform has been a consistent theme in political life for more than 30 years

The need for local authority reform has been a consistent theme in political life for more than 30 years. But changes made by successive governments have frequently been stop-gap, partial and contradictory in nature. In some cases, the transfer of administrative power to elected representatives was promised, partially effected and then reversed when the demands of central government were not met.

Through it all, the power wielded by county and city managers increased while their accountability to the communities they served diminished.

In his final report as Ombudsman, Mr Kevin Murphy has drawn attention to the failure of local authorities to respond adequately to valid public complaints, particularly in the planning area. The extent of the problem is reflected in the number of cases reported to him by aggrieved citizens.

Mr Murphy is not given to exaggeration. As a former senior civil servant, he recognises the constraints that operate within public administration. But he has chosen to single out local authorities for particular attention in his final report in the hope that a more responsive and effective system of administration will be introduced. The language used is mild and encouraging, rather than condemnatory. He attributes official failure to deal with public complaints to a lack of knowledge and resources, rather than to indifference, official arrogance or bias in favour of developers.

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Planning enforcement was a matter of particular concern to him and typical complaints related to unfinished housing estates, unauthorised developments and illegal quarries. Enforcement of planning regulations by local authorities was regarded as "weak". And the Ombudsman hoped they would do better under the Planning and Development Act, 2000.

A lack of financial resources is blamed for the shortage of enforcement personnel in the planning area. But a pro-development mindset by the county and city managers who allocate those resources must also be a factor. Builders and developers are frequently well-connected, powerful individuals within local communities and there is little political or official appetite to hold them to account for their actions or omissions.

The balance between a need for commercial development and compliance with planning regulations has been badly struck.

Next month, legislation will be passed to prohibit members of the Oireachtas from holding seats on local authorities. In the short term, as councils become purely local, that reform will have the effect of further strengthening the power and influence of unelected officials.

The Minister has abandoned the idea of directly elected mayors. He must now consider redressing the balance of power between elected councillors and unelected officials, and ensure the planning laws are properly enforced.