Dáil Éireann Debate, Tuesday - 25 November 2014
503. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his Department's policy regarding car washes operating without planning permission and that do not comply with environmental standards; and if he will make a statement on the matter. [45032/14]
View answerUnder the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission. There is no specific exemption for car wash facilities.
The consideration of a planning application for the operation of a car wash would also involve consideration of the requirements of the Environmental Impact Assessment Directive 2011/92/EU, and the Habitats Directive 1992/43/EEC, as transposed in the Planning Act.
Any development that is carried out without planning permission or that does not comply with the terms of a planning permission is unauthorised development and may be subject to enforcement action by a planning authority. Decisions on planning applications and enforcement are made by planning authorities in the first instance and I have no role in relation to the matter.
Under the Local Government (Water Pollution) Acts 1977 and 1990, it is an offence to permit polluting matters to enter waters. The Acts require that discharges of trade effluent to waters or to sewers are licensed by local authorities and Irish Water respectively. In granting a licence, conditions may be attached covering, for example, the nature, composition and volume of discharges.
In addition, local authorities have a general responsibility for the monitoring, management, protection and improvement of water quality. The Environmental Protection Agency, through its Office of Environmental Enforcement, exercises general supervision in relation to the performance of these functions by local authorities.
