Dáil Éireann Debate, Tuesday - 28 April 2015
436. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the planning guidelines in place regarding persons seeking to build over land under which utility companies have laid infrastructure such as cables, piping, access tunnels and so on. [16704/15]
View answerStatutory undertakers authorised to provide public utilities (e.g. electricity, gas, water) have powers under the relevant enabling legislation to obtain way-leaves to lay pipes and cables, and to attach such conditions as they see fit, to ensure appropriate access for the provider.
Moreover, as provided for in section 34(13) of the Planning and Development Act 2000, a person is not entitled solely by reason of a planning permission alone to carry out a proposed development as other parallel legal requirements and consents may also be required.
Therefore, even though a person might have planning permission to build over land, it is also their responsibility to ascertain if the lands are affected by any way-leaves or easements and associated burdens on the title of land and to comply with any requirements arising in connection with these way-leaves or easements.
In effect, the question raised is not a planning matter but one more related to property rights, and is accordingly not covered by any of my Department’s statutory Planning Guidelines issued under section 28 of the Planning and Development Act 2000, as amended.
