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Dáil Éireann debate -
Wednesday, 22 Jan 1997

Vol. 473 No. 4

Written Answers. - Planning Laws.

Róisín Shortall

Question:

251 Ms Shortall asked the Minister for the Environment whether he will bring forward legislation to require planning permission to be obtained to remove original windows from a building and install replacement windows. [1233/97]

Under section 4 (1) (g) of the Local Government (Planning and Development) Act, 1963, development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure is exempt from planning permission, provided the works affect only the interior of the structure, or do not materially affect the external appearance of the structure so as to render such appearance inconsistent with the character of the structure or of neighbouring structures.

Article 10 (1) (a) (ix) of the Local Government (Planning and Development) Regulations, 1994 provides that development which would otherwise be exempted from planning permission shall not be so exempted where it would consist, inter alia, of the alteration of a building or structure where such building or structure is specified in a development plan as a building or structure, or one of a group of buildings or structures, of artistic, architectural or historical interest, the preservation of which it is an objective of the planning authority to secure, or the preservation of which it is the intention of the planning authority to consider in the event of an application being made for permission to alter, extend or demolish the building or structure.

If there is any doubt regarding the question of whether the removal of original windows and installation of replacement windows constitute "development" requiring planning permission in any particular case, a reference can be made to An Bord Pleanála to decide the issue.

While I have no specific proposals to amend the Planning Acts in regard to the replacement of windows per se, I plan to bring forward as soon as possible a Bill which will deal, inter alia, with strengthening the protection afforded to the architectural heritage generally.

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