Madam, - I am puzzled by your report last week of High Court proceedings taken by private interests against a rural-based factory development which has not been authorised. The proceedings have been adjourned until an Bord Pleanála has made a decision on a planning application for retention of the unauthorised development, and the judge has indicated that if the application is not granted he will deal severely with the developer.
What is puzzling is that the legislation on unauthorised development, contained in Part VII of the Planning and Development Act, 2000, states in its opening section, no. 151, that "any person who has carried out or is carrying out unauthorised development shall be guilty of an offence". This is whether or not they subsequently go on to apply for, or even obtain, permission for retention. The Act enables any person to take enforcement proceedings.
What is also puzzling is that the Act states: "No enforcement action under this part. . .shall be stayed or withdrawn by reason of an application for retention of permission. . .or the grant of that permission." On the face of it, it is difficult to see how the court is not at variance with the determination of the Oireachtas. An Bord Pleanála is also being put in an invidious position, too. - Yours, etc.,
JOHN COLGAN, PC, Leixlip, Co Kildare.