Dáil Éireann Debate, Wednesday - 13 March 2013
136. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if there will be planning permission requirements for local authority grant aided remedial works that will be required to be carried out on septic tanks that fail an inspection; and if he will make a statement on the matter. [13143/13]
View answerThere is an existing mechanism whereby improvement works necessary to comply with water pollution concerns of a local authority can be considered as exempted development. Under Section 12 of the Local Government (Water Pollution) Act 1977, where it appears to a local authority that it is necessary to do so in order to prevent or control pollution of waters, the local authority may serve a notice in writing on any person having control of any polluting matter on premises in its functional area. This would include on-site wastewater treatment and disposal systems. Under the provisions of current exempted development regulations, work consisting of or incidental to the carrying out of development in order to comply with a notice under Section 12 is exempted development.
My Department is currently examining what further amendments to the exempted development provisions of planning legislation are necessary where the provision of improved on-site wastewater treatment and disposal systems arises as a result of inspections carried out under the new legislation. The Department of Arts, Heritage and the Gaeltacht is assisting with the process so as to ensure that the exemption provided will take account of the requirements of relevant EU Directives in relation to habitats required by Section 4(4)(a) and (b) of the Planning and Development Acts 2000-2010. The necessary legislation will be in place prior to inspections being carried out.
