MEPA’s enforcement unit toothless as more attention is given to planning applications

Recent efforts to strengthen MEPA's enforcement function within ODZ (Outside Development Zone) areas are still in the process of evolving, the Auditor General remarked in a performance audit on the planning authority's actions on illegal construction in these areas.

"The limited availability of land and the increasing demands for a better environment render the authority's enforcement role critical.  The MEPA Reform of 2010 can be seen as the most recent effort to address enforcement related issues. However, various factors prevented the authority from fully implementing the polluter-pays principle or adopting a zero-tolerance approach regarding environmental and planning infringements within this zone," the National Audit Office said.

The report will be available online as from Tuesday, 1 October.

MEPA's enforcement directorate, established in 2011, inherited an enforcement function characterised by a backlog of cases, including 2,065 outstanding enforcement notices.  Administrative processes were prolonged, delaying the conclusion of cases, and other factors inhibited the full attainment of MEPA's reform.

"The enforcement function was not supported by documented strategic and operational policies. This constrained the authority to react to prevailing circumstances rather than proactively target areas posing the highest planning and environmental risks. Consequently, these circumstances impinged on case-processing consistency and efficiency," the NAO said in a summary of its audit.

Over a number of years, enforcement lacked the adequate level of resources and administrative capacity, with resource deployment mainly allocated to MEPA's other functions, such as its planning arm - planning applications were in fact given more importance, the NAO found.

"Only a proportion of the required funds were made available for Direct Action (DA) initiatives. In many cases, this prohibited MEPA from taking the necessary action to remove irregularities itself, at the contraveners' expense.  In addition, the authority is still to recoup around 84 per cent of the invoiced expenses, with respect to DAs taken between 2006 and 2012 within the ODZ. This amounted to €438,329 up to March 2013," the NAO found.

The enforcement directorate also lacked the support of a comprehensive IT infrastructure, prohibiting the formal application of risk analysis in enforcement work, or robust audit trails.