Vol. 442 No. 6
10 Miss Quill asked the Minister for Tourism and Trade if his attention has been drawn to the recent decision to lift the need for private residences to obtain planning permission for the commercial use of four bedrooms or less; and his views on the impact this measure will have on exisiting hotels and restaurants.
21 Ms. F. Fitzgerald asked the Minister for Tourism and Trade if his Department was consulted by the Department of the Environment prior to his announcement of the granting of an exemption from planning permission to all bed and breakfast houses under five guest bedrooms; and if he will make a statement on the matter.
24 Mr. Bradford asked the Minister for Tourism and Trade if he has satisfied himself with the safety precautions taken in places of accommodation for tourists who visit this country; and if he will make a statement on the matter.
I propose to take Questions Nos. 10, 21 and 24 together.
Under the planning regulations planning permission is required for a material change of use of premises. The regulations recently made by the Minister for the Environment clarified the position as to what is regarded as a material change for this purpose and what is exempted. Prior to a Bord Pleanála decision early in 1993, the provision of tourist accommodation in private houses was widely understood to be an exempted category under the Planning Acts. The Bord Pleanála decision, however, changed that understanding resulting in the need for new regulations. A decision had to be made in drawing up the new regulations as to what was a material change and what might be exempted.
This is never an easy task and is certainly not one for which a solution acceptable to everyone is possible. I am happy, however, that what has been done strikes a fair balance.
The fact that smaller bed and breakfast premises are exempt from approval for change of use under the planning regulations does not absolve them from operating in a responsible way and providing a safe and secure environment for their guests.
Fire safety in existing tourist accommodation is governed by the Fire Services Act, 1981. The Act imposes a duty of care on the person in control of such premises in relation to fire safety and provides that the fire authority may exercise certain enforcement powers in relation to those premises. The Minister for the Environment, to assist persons in control in fulfilling their statutory obligations under the Act, has published a guide to fire precautions in existing hotels, guesthouses and similar premises, and codes of practice for the management of fire safety in places of assembly and for fire safety of furnishings and fittings in places of assembly.
The Buildings Regulations, 1992, the objective of which is to secure the health and safety of people in and around buildings, have been in operation since June of that year. They apply to all new and refurbished buildings, including those containing tourist accommodation.
As far as the recent planning regulations are concerned, the impression may have been given that these indicate a loosening of the planning requirement. That is not the position, however, as I have explained. From now, for the first time, the significant segment of bed and breakfast premises — by which I mean those of a size representing real competition for hotels and registered guesthouses — will be obliged to seek such permission. The new regulations, therefore, represent a real tightening of the controls in this sector, compared with the situation heretofore.
I am more confused than ever. Does the Minister accept that 80 per cent of all hotels and guesthouses are small businesses with 30 bedrooms or under? They pay hefty commercial rates and generate jobs in the tourism trade. Has the likely impact of this new planning measure on existing hotels and guesthouses been assessed? Will jobs be lost? What impact will the measure have on the job targets set for industry?
This measure will not have the effects feared by the Deputy. It was assumed that one did not need planning permission for a change of use if one had a small B & B. In a case in Galway An Bord Pleanála decided there was a change of use. In framing the new planning regulations the Minister for the Environment has decided that a house with more than a certain number of bedrooms will require permission for a change of usage. Up to now one did not have to apply for planning permission. It is tightening the law and will not affect the matters raised by the Deputy.
Is the Minister saying that all future guesthouses of four bedrooms and under will be the subject of a planning application?
Four bedrooms and upwards.
What is the position regarding four bedrooms and under?
Existing B & Bs with four bedrooms and under need not apply but those with more than four bedrooms will have to apply under the new regulations introduced by the Minister for the Environment.
