The number of pending enforcement notices at the Planning Authority is staggering.

The 5,382 pending enforcement notices stem from between the years of 1993 and 2021, the information shows. 14 of these notices date back to 1993. The total number is, however, less than the total was at the end of 2020, showing that the backlog is slowly being tackled.

Now, the PA receives thousands of complaints each year. As an example, the Annual Report for the year 2020 reads that it received 3,313 complaints from various sources, alleging illegal development, during that year. The Directorate managed to investigate and close off a total of 3,347 complaints during 2020. This means that more were closed off than had come in. Following investigation in 55% of the complaint cases, the Authority found that illegal development was being carried out.

The annual report also reads that the Directorate had established a standard operating procedure for the use of the Warning Notice, an additional enforcement tool which is contemplated in the Development Planning Act. This was done to show when action is required.

“As the name implies, the Warning Notice is intended to serve as a first caution, followed by a Stop Notice in case the original instructions are ignored and illegal works persist. This process enables the Authority to proceed in sealing off the site, if the need arises, to prohibit further illegal development being carried out. An additional step involves the issuing of a Stop and Enforcement Notice, particularly in cases where no remedial works and/or action is taken by the contravener. This procedure is not a stand-alone process. It needs to be considered within the overall compliance strategy whereby identification of an infringement leads to informal negotiations between the officers and contraveners,” the PA’s annual report reads.

In many cases, the contravenors do obey orders and sort the issue out themselves. According to information provided by the PA, In 149 cases in 2021, the contravenors addressed the illegality after an enforcement notice was issued. In 774 cases action was taken by the contravenor following a complaint but prior to an enforcement notice being issued.

This shows that once the PA gets involved, many people do listen and rectify the issue.

The problems arise with those who do not comply. Indeed, a number of the cases where an enforcement notice was issued could be undergoing a process to regularise their position, such as by applying for sanctioning for instance.

Some notices might be in effect for relatively small infringements, while others are more serious.

While the backlog is being tackled slowly, perhaps this needs to be sped up. At the same time, one must keep in mind the sheer number of complaints that the Authority receives each year which require investigation. Perhaps this is a situation where a few more enforcement officers might help?