The minister in charge of planning has been forced to defend a government policy that means laws are not always enforced.

Environment Minister Geoffrey Boot was challenged in the House of Keys last week to explain why people should bother with the planning system.

Lawrie Hooper (Lib Vannin, Ramsey) said: ’We all know the department does not enforce low level planning breaches, the minister has admitted it himself - where there is no evidence of significant harm the department chooses not to enforce.

’We know they cannot force you to put in place a retrospective planning application, they will not fine you, there is really no penalty.’

He asked: ’Why would I bother going through the planning process, why would I bother paying planning fees, why would I bother putting myself through all that stress and effort when actually I know that there is a very good chance the department is not going to prosecute me even if I am found to have done something that is unlawful?’

Mr Boot insisted that planning officers had to be proportionate in their actions.

’Most people like to comply and do comply with planning law,’ he said.

’Some low level cases do turn out to be quite important and will be escalated and there is always the element that having unlawful development will be an impediment in future when selling a property.’

That meant that breaches ’sometimes’ do catch up with people flaunting planning laws.

But he admitted: ’The reality is that very small breaches are often perceived by different parties in different ways and I refer to the subjective nature and interpretation of planning law.

’The department’s planning enforcement powers are discretionary and we do not take further action simply because there has been a breach in planning control.’

He said there was a tendency for planning officers to be ’dragged into’ neighbourhood disputes.