Planning Issues

Dáil Éireann Debate, Tuesday - 26 June 2012

Tuesday, 26 June 2012

Questions (292)

Catherine Murphy

Question:

368 Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will clarify the situation regarding exemptions for planning permission in the case of the construction of waste processing facilities, particularly bio waste facilities; if it is required under planning legislation for waste licences, permits or certificates of registration to be secured under Statutory Instrument 821 of 2007 as a pre-condition for obtaining planning permission to construct such bio waste facilities; and if he will make a statement on the matter. [30285/12]

Written answers

Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan)

The construction of a waste processing facility, or the material change of use of a structure or land to a waste processing facility, is not exempt from the requirement to obtain planning permission. It is not a pre-condition of applying for planning permission that an applicant have complied with Statutory Instrument 821 of 2007; however, as specifically provided in section 34(13) of the Planning Act, a person is not entitled solely by reason of a planning permission to carry out any development, and a recipient of planning permission is also required to comply with all other relevant statutory codes before carrying out any development.