Dáil Éireann Debate, Tuesday - 14 October 2014
317. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government the number of inurement clauses that were removed in each local authority; the grounds for quashing them; and if he will make a statement on the matter. [39048/14]
View answerI understand that the Question relates to a form of condition which is sometimes attached to a planning permission - also known as a “sterilisation agreement” - under section 47 of the Planning and Development Act 2000, as amended, between a planning authority and a person with a legal interest in land for the purpose of restricting or regulating the further development or use of land, permanently or for a specific period.
The decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála as appropriate and I have no role in relation to the matter. Any decision to remove an inurement clause attached to a grant of permission is similarly a matter for the relevant planning authority.
Data on section 47 agreements (agreements regulating or restricting the development or use of land) entered into are available on my Department’s website at:http://www.environ.ie/en/Publications/StatisticsandRegularPublications/PlanningStatistics/FileDownLoad,34296,en.xls.
The information requested in relation to the number of inurement clauses removed in each local authority area, and the grounds for removing them, is not available in my Department.
