Written Answers Nos. 267-290
267. Deputy Maurice Quinlivan asked the Minister for Housing, Planning, Community and Local Government if he has received a copy of the full review of the Limerick framework implementation plan; if so, his plans to circulate same; and if he will make a statement on the matter. [31779/16]
View answerI have not received a copy of the full review of the Limerick Regeneration Framework Implementation Plan, which I understand is still being prepared by Limerick City and County Council.
My Department, along with other statutory and community stakeholders involved in Limerick Regeneration, is working with the Council on the completion of the review and I look forward to its publication by the Council in due course.
268. Deputy Michael Collins asked the Minister for Housing, Planning, Community and Local Government when planning regulations on solar farms will be put in place. [31783/16]
View answerThere are no specific planning guidelines in place in respect of solar farms and I have no proposals to bring forward such guidelines at the present time.
However, the matter will be kept under review, in consultation with my colleague, the Minister for Communications, Climate Action and Environment, in the context of the Government's White Paper on Energy Policy, entitled Ireland's Transition to a Low Carbon Energy Future, which was published in December 2015, and the development of a Renewable Electricity Policy and Development Framework by the Department of Communications, Climate Action and Environment, which I understand will be subject to public consultation prior to adoption in 2017.
Under the Planning and Development Act 2000, as amended, each planning authority's development plan must set out an overall strategy for the proper planning and sustainable development of the area concerned. Section 10 of the Act requires a development plan to include, inter alia, objectives for the provision or facilitation of the provision of infrastructure, including energy facilities and many local authorities have developed renewable energy strategies for their areas in this context.
269. Deputy Fergus O'Dowd asked the Minister for Housing, Planning, Community and Local Government if he will consider proposals from a person (details supplied) in relation to amending the Dog Breeding Establishments Act 2010; and if he will make a statement on the matter. [31784/16]
View answerThe regulation of dog breeding establishments is a matter for local authorities in accordance with the Dog Breeding Establishment Act 2010. The local authority must maintain for public inspection a register of dog breeding establishments in its functional area, which must include the name and address of the applicant seeking entry onto the register, the address of the dog breeding establishment and the maximum number of breeding bitches that may be kept at the dog breeding establishment or premises.
The Dog Breeding Establishment Act 2010 provides a robust regulatory framework for, inter alia, the licensing, monitoring and inspection of dog breeding establishments by local authorities and, where a serious and immediate threat exists to public health or animal health and welfare, for the closure of such establishments.
A joint inspection regime of dog breeding establishments, involving the Department of Agriculture, Food and the Marine and the Local Authority Veterinary Service, was inaugurated last year for the purpose of inspection and follow up action. The discovery of individual problematic dog breeding establishments, and the taking of action by the Gardaí, the Department of Agriculture, Food and the Marine and local authorities in an integrated manner in the most serious cases, is a matter for the enforcement authorities concerned.
That said, in late 2015, my Department agreed to begin a process of review of the current Dog Breeding Establishment Guidelines, with meetings to review the Guidelines commencing last January. The work undertaken to date has been to produce a first draft revision, which is currently under consideration in my Department. As the deliberative process is currently underway, it would be inappropriate of me to comment further at this juncture.
More generally, the enforcement of welfare standards regarding all animals is a matter for the Minister for Agriculture, Food and the Marine under the Animal Health and Welfare Act 2013.
270. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government the actions being taken by his Department, as the lead Department, in the provision of transport for the children of families that are housed in emergency accommodation; when these arrangements will be in place; and if he will make a statement on the matter. [31790/16]
View answerTransport costs can be an additional burden upon families residing in hotel accommodation on an emergency basis. As provided for in Rebuilding Ireland: An Action Plan on Housing and Homelessness, arrangements are being put in place to provide access to free public transport for family travel and for school journeys for those homeless families in the Dublin Region that are residing in hotel accommodation. Accordingly, each family will be given five 24-hour family LEAP cards, which will be valid for use on all Dublin transport systems, allowing for family days out at weekends or during holiday periods. Furthermore, arrangements are also being put in place to provide for free public transport, where required, for school children travelling between hotel emergency accommodation and school.
The Dublin Region Homeless Executive is implementing these initiatives. It is currently overseeing the distribution of the initial tranche of family LEAP cards though their Family Homeless Action Teams, who will also identify the families' needs in relation to school journey cards and arrange for their distribution as early as possible following the distribution of the family cards.
272. Deputy Eamon Ryan asked the Minister for Housing, Planning, Community and Local Government if there has been an increase or decrease in the average domestic usage of water, outwith usual variations, since the suspension of charges was implemented; and if so, the amount per person on average. [31866/16]
View answerSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Irish Water customer engagement and meter readings are matters for the utility and ones in which I have no function.
I have been advised by Irish Water that it collects domestic meter readings on a quarterly basis and that it is currently conducting this exercise for the months of July, August and September 2016. The utility expects to have collated data available to it by the end of November 2016.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
273. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government if a water conservation grant is available for customers of group water schemes; if any other financial supports are available for customers of group water schemes; and if he will make a statement on the matter. [31885/16]
View answerThe 2015 water conservation grant was a universal payment to support water conservation in the home and was available to all householders in respect of their principal private residence, who had registered details of their water services with Irish Water before 30 June 2015. This grant is currently suspended in line with the suspension of domestic water charges. As such, the only financial support available to group water scheme customers is an annual subsidy per house for the operational cost of providing domestic water. This subsidy scheme is administered by local authorities. Details are available from the local authority concerned and on my Department's website at: http://www.housing.gov.ie/water/water-services/rural-water-programme/group-water-schemes-and-rural-water-issues.
274. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government the delegated responsibilities he has given to Ministers of State in his Department; when the order of delegated responsibility was signed; if he included his Ministers of State in direct discussions or meetings with the Minister for Public Expenditure and Reform as part of pre-budget discussions; if so, the dates of such meetings and the attendance at each meeting; if the Minister of State was not included the reason this was the position, in view of the designated responsibilities; and if he will make a statement on the matter. [31914/16]
View answerThere are two Ministers of State assigned to my Department. Minister of State Damien English T.D. has responsibility for Housing and Urban Renewal while Minister of State Catherine Byrne T.D. has responsibility for elements of the Communities brief.
The issue of a formal delegation of functions is under consideration. In the meantime both Ministers of State engage fully with myself and senior management of the Department in relation to relevant business matters. While the Ministerial level engagement on my Department's Estimates generally involves myself and the Minister for Public Expenditure and Reform, Ministers of State would be involved in internal preparatory discussions on relevant issues.
275. Deputy John Curran asked the Minister for Housing, Planning, Community and Local Government the number of the 4,450 units he announced to be delivered in 2017 as part of the capital provision of €732 million that will be delivered through construction and the number that will be delivered by acquisition; and if he will make a statement on the matter. [31927/16]
View answerThe estimated breakdown and method of delivery for the 4,450 social housing units to be supplied in 2017 via my Department's capital programmes includes 2,350 units to be delivered by local authorities through construction activity (i.e. new build and refurbishment/regeneration), 75 units to be acquired by local authorities, with the equivalent figures for approved housing bodies being 550 and 1,175. It is expected that some 300 additional new units will be built and made available for social housing via Part V mechanisms and will be owned by either local authorities or approved housing bodies.
These figures do not include new social units that will be delivered via other methods such as long-term leasing or households who will have their needs met through the Housing Assistance Payment or Rental Accommodation Scheme.
276. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government the reason an off-road declaration submitted by a person (details supplied) in County Donegal was not accepted; and if he will make a statement on the matter. [31946/16]
View answerThe Non-Use of Motor Vehicles Act 2013 came into effect on 1 July 2013. The primary purpose of the Act is to replace the system whereby a vehicle was declared off the road retrospectively with a system under which the vehicle must be declared off the road in advance. The system of making retrospective declarations had become a means of evasion of motor tax estimated to have cost some €50m annually.
The Act provides that a vehicle can be declared off the road for a minimum period of three months and a maximum period of twelve months. Where the owner of a vehicle wishes to make a declaration of non-use, he or she must do so during the final month of an existing tax disc or a previously made declaration of non-use. The declaration can be made on-line at www.motortax.ie or through the local motor tax office. The National Vehicle and Driver File, under the auspices of the Department of Transport, Tourism and Sport, issues renewal notices at the beginning of the final month of tax or a previously made declaration of non-use to remind motorists that the vehicle must be taxed or declared off the road for a further period.
Where a declaration of non-use is not made in the final month of a tax disc or previously made declaration of non-use, a vehicle must be taxed for the minimum period provided for in motor tax legislation for the category of vehicle concerned. A new declaration can then be made at any stage during the final month of the new motor tax disc if the vehicle is thereafter not going to be in use in a public place.
These arrangements were well publicised at the time of introduction of the legislation.
The legislation does not provide for exemptions from the foregoing requirements. This is to protect the revised arrangements; allowing an owner to declare a vehicle off the road after the expiry of a current declaration of non-use could potentially be a move back to the system of retrospective declarations, thereby undermining the overall objective of the legislative change.
277. Deputy Michael McGrath asked the Minister for Housing, Planning, Community and Local Government if there is a national policy in relation to the granting of planning permission for developments in towns and villages where OPW flood relief schemes have been completed; and if he will make a statement on the matter. [31947/16]
View answerThe decision as to whether to grant planning permission in any particular case is a matter for the relevant planning authority in the first instance and for An Bord Pleanála in the event of an appeal.
In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies, including current guidelines issued by my Department under section 28 of the Planning and Development Act 2000 (as amended).
In November 2009, my Department issued Guidelines for Planning Authorities on the Planning System and Flood Risk Management which are aimed at ensuring a more consistent, rigorous and systematic approach to flood risk identification, assessment and management within the planning system.
These guidelines provide, inter alia, that development in areas at risk of flooding, particularly floodplains, should be avoided, unless there are wider sustainability grounds that justify appropriate development and where the risk can be reduced or managed to an acceptable level. The Guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended, and planning authorities and An Bord Pleanála are required to have regard to them in the performance of their functions.
Furthermore, the Catchment Flood Risk Assessment and Management (CFRAM) Programme is central to the medium- to long-term strategy for the reduction and management of flood risk in Ireland. The Programme delivers on core components of the National Flood Policy, adopted in 2004, and on the requirements of the EU Floods Directive. The Irish CFRAM Programme is being carried out in parallel with similar programmes across the European Union.
In addition to this, the Office of Public Works (OPW) is the lead agency for flood risk management in Ireland and is the national competent authority for the EU Floods Directive. OPW works in close partnership with all Local Authorities in delivering the objectives of the CFRAM Programme.
Implementation of the requirements of the EU Floods Directive is being coordinated with the requirements of the EU Water Framework Directive and the current River Basin Management Plans. The Programme is also being undertaken with close cross-border coordination. The main objective of this Programme is to identify areas which are at risk from flooding, to evaluate the level of risk and map the risk assessments.
I am satisfied that the Guidelines, together with the data arising from CFRAM, are being used effectively to measure risk and inform future decisions about the use of lands.
280. Deputy Peter Burke asked the Minister for Housing, Planning, Community and Local Government if there are supports available to help local authorities and persons obtain compulsory purchase orders, CPOs, to buy vacant and derelict key sites for residential development; and if he will make a statement on the matter. [32012/16]
View answer284. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government his plans to introduce measures that would incentivise property owners to renovate unused residential units over retail premises to help with the housing shortage and encourage more persons to live in village and town centres; and if he will make a statement on the matter. [32039/16]
View answerI propose to take Questions Nos. 280 and 284 together.
The Programme for a Partnership Government sets out the ambitious priority attached to urban regeneration and incorporates a series of specific actions aimed at facilitating the regeneration of our urban centres. In this regard, the Programme incorporates a range of specific actions to help address vacancy and dereliction, for example, proposals to:
- introduce a similar scheme to the “Living City Initiative” to regenerate town centres and villages throughout the country;
- establish a national register of derelict sites, in addition to the register of vacant sites required under the new vacant site levy provisions, to bring vacant and under-utilised sites into beneficial use for housing and regeneration purposes;
- mandate local authorities with better land management powers, including the possibility of additional Compulsory Purchase Order (CPO) capabilities;
- reclassify and incentivise the use of under-utilised or vacant areas over ground-floor premises in towns, for both residential and commercial use; and
- reform the Derelict Sites Act 1990, and tackle the under-use and hoarding of derelict land by the State, semi-State and private sectors.
In addition, Action 5.1 of the Government's Action Plan for Housing and Homelessness - Rebuilding Ireland undertakes to develop a National Vacant Housing Re-Use Strategy by early 2017. To this end, the Housing Agency, which has lead responsibility for co-ordinating the development of the Strategy, has established a working group with senior representatives from my Department, local authorities and from the Housing Agency itself. Its first meeting was held on 30 September and it is due to meet again later this month.
My Department and the Housing Agency are liaising with local authorities and with the Central Statistics Office in order to obtain a better understanding of the numbers, characteristics and reasons why homes are vacant. A number of local authorities have commenced, or are planning to commence, pilot programmes to identify vacant homes and bring them back into use; these pilot programmes will inform the Strategy. In addition, the Strategy will be informed by international best practice and experience, and research is being undertaken in this area.
Furthermore, a number of new initiatives have recently been announced which specifically target vacant properties. The new Repair and Leasing Scheme (RLS) is aimed at assisting local authorities or Approved Housing Bodies (AHBs) to bring vacant private houses into social housing use, providing homes for families on local authority waiting lists. The new Scheme will operate initially in Waterford and Carlow and my Department will work closely with other local authorities to roll it out around the country over the course of the next six months. I have secured €140 million for the successful implementation of this Scheme over the next five years. This Scheme has significant potential and I am hopeful that it can bring at least 3,500 vacant houses back into productive use between now and 2021.
In addition, under a new “Buy and Renew” initiative, my Department will support local authorities and AHBs to purchase private housing units in need of remediation, and renew them with the aim of making them available for social housing use. An initial capital provision of €25 million will be available for this initiative in 2017.
With regard to the question of supports to obtain CPOs to buy key vacant and derelict sites, it should be noted that a large number of State bodies and authorities already have CPO powers, all of which are underpinned by different statutes.
281. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the amount his Department has allocated in 2016 for the refurbishment of vacant local authority social housing units; the number of applications for funding for vacant social housing refurbishment that were received by his Department in 2016; the local authorities which these were from and the number of units; and the number of applications for individual units which were refused. [32019/16]
View answerMy Department has two programmes which provide support to local authorities for the refurbishment of vacant local authority social housing units that may require a greater level of remediation than the normal level of pre-letting repairs. The Voids programme, which commenced in 2014 provides funding support of up to €30,000 per unit. The Derelicts programme was introduced in 2016 to provide additional support to local authorities in remediating more seriously derelict social houses.
Details are provided in the following table regarding the 2016 applications from local authorities seeking funding for the remediation of 2,658 units under these two programmes. Funding was allocated for 2,227 units, 75 units were declined and a further 356 late applications received are currently being reviewed.
|
|
Funding approved Voids/Derelicts Programmes |
Units Submitted for funding |
Units approved for funding |
Units currently being assessed |
Units declined funding |
|
Carlow |
€69,500 |
8 |
8 |
0 |
0 |
|
Cavan |
€312,600 |
16 |
16 |
0 |
0 |
|
Clare |
€659,554 |
89 |
30 |
56 |
3 |
|
Cork City |
€6,729,072 |
308 |
267 |
41 |
0 |
|
Cork County |
€2,393,463 |
123 |
114 |
7 |
2 |
|
Donegal |
€2,611,256 |
163 |
153 |
0 |
10 |
|
Dublin City |
€12,822,100 |
563 |
556 |
0 |
7 |
|
Dún Laoghaire-Rathdown |
€314,105 |
19 |
19 |
0 |
0 |
|
Fingal |
€2,205,000 |
162 |
143 |
0 |
19 |
|
Galway City |
€301,850 |
22 |
20 |
1 |
1 |
|
Galway County |
€1,388,000 |
81 |
55 |
26 |
0 |
|
Kerry |
€1,674,520 |
113 |
109 |
1 |
3 |
|
Kildare |
€587,500 |
41 |
13 |
26 |
2 |
|
Kilkenny |
€545,000 |
23 |
15 |
5 |
3 |
|
Laois |
€100,965 |
12 |
10 |
1 |
1 |
|
Leitrim |
€881,600 |
55 |
43 |
7 |
5 |
|
Limerick |
€433,000 |
18 |
18 |
0 |
0 |
|
Longford |
€664,900 |
62 |
25 |
37 |
0 |
|
Louth |
€300,000 |
12 |
8 |
2 |
2 |
|
Mayo |
€317,309 |
27 |
26 |
0 |
1 |
|
Meath |
€1,156,000 |
77 |
44 |
33 |
0 |
|
Monaghan |
€819,924 |
43 |
43 |
0 |
0 |
|
Offaly |
€783,780 |
58 |
28 |
30 |
0 |
|
Roscommon |
€1,185,676 |
90 |
88 |
0 |
2 |
|
Sligo |
€2,425,300 |
146 |
140 |
6 |
0 |
|
South Dublin |
€0 |
0 |
0 |
75 |
0 |
|
Tipperary |
€1,195,920 |
83 |
83 |
0 |
0 |
|
Waterford |
€1,326,000 |
82 |
75 |
0 |
7 |
|
Westmeath |
€523,527 |
38 |
38 |
0 |
0 |
|
Wexford |
€502,500 |
28 |
26 |
2 |
0 |
|
Wicklow |
€465,744 |
21 |
14 |
0 |
7 |
|
|
€45,695,665 |
2,658 |
2,227 |
356 |
75 |
282. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government when he will approve funding for an application from Longford County Council in respect of small housing development at Drumlish, County Longford. [32034/16]
View answerI understand that Longford County Council has recently advertised for proposals to deliver social housing. As with all such publicly advertised processes and in line with public procurement arrangements, the Council is now completing its assessment of the proposals received. Following this, I expect the Council will shortly submit the highest evaluated of the proposals, as assessed, for funding consideration to my Department.
283. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government the amount of Part V moneys that each county council retains as of 30 September 2016, in tabular form. [32035/16]
View answerThe information requested by the Deputy is not available in my Department. Information on payments made to local authorities under Part V of the Planning and Development Act 2000 is available on my Department's website at: http://www.housing.gov.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics.
285. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government if it is a condition of eligibility for social housing that the rent a family is paying must be 30% or more of the household income; if local authorities are obliged to apply this in all circumstances; and if he will make a statement on the matter. [32046/16]
View answer286. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government if family income supplement is included in the calculation of the income of a household for the purposes of determining eligibility for social housing; if so, if he will consider changing this in order to remove a disincentive to staying in employment for families who are in need of social housing; and if he will make a statement on the matter. [32079/16]
View answerI propose to take Questions Nos. 285 and 286 together.
Under the Social Housing Assessment Regulations 2011, it is a condition of eligibility for social housing support that the income of applicant households does not exceed prescribed maximum income thresholds. The 2011 Regulations set the maximum net income limits for each housing authority in different bands according to the area, with income being defined and assessed according to a standard Household Means Policy.
The determination of the bands and the authority area assigned to each band was based on a comparative analysis of the local rental cost of housing accommodation and takes account of the variation in the cost of private rented accommodation across the country.
The principle used to determine what was reasonably affordable for any household was the relationship of household income to the cost of providing suitable accommodation in the private sector, where the percentage of net income required in order to pay for accommodation costs did not exceed 30%.
The limits set in 2011 also reflect a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn and thereby promote sustainable communities.
Under the Household Means Policy, which applies in all housing authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI and the universal social charge. Most payments received from the Department of Social Protection are assessable as income, including Family Income Supplement. The Policy provides for a range of income disregards, and housing authorities also have discretion to decide to disregard income that is temporary, short-term or once off.
Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. I am satisfied that the current income limits generally provide for a fair and equitable system of identifying those households unable to provide accommodation from their own resources. However, these limits will continue to be kept under review by my Department, as part of the broader social housing reform agenda.
287. Deputy Maurice Quinlivan asked the Minister for Housing, Planning, Community and Local Government the action he has taken to investigate with credit unions the way in which they can support social housing through the voluntary housing service, as promised in the programme for Government. [32103/16]
View answerThe agreed Programme for a Partnership Government recognises the potential role that credit unions can play in housing finance and supports the efforts of the Registrar of Credit Unions at the Central Bank to gradually lift current lending restrictions as appropriate, including for housing. The Programme further provides that we will investigate with all stakeholders how credit unions can support the delivery of social housing.
The Rebuilding Ireland Action Plan for Housing and Homelessness emphasises the need to look at new ways of funding social housing delivery, in particular the need to provide structural, funding and policy supports to increase delivery of social housing by Approved Housing Bodies. In that context, it states that support will be provided to an Irish Council for Social Housing/sector led new special purpose vehicle, involving investors which could potentially include the credit union movement.
Credit union representative bodies have also set out a proposed means by which funding could be provided by credit unions to Approved Housing Bodies for the development of social housing. My Department and the Department of Finance have met with these bodies on a number of occasions to examine how credit unions can assist in the area of financing social housing delivery.
The Central Bank commenced a number of new regulations for credit unions on 1 January 2016. Prior to their commencement, following careful consideration, the Central Bank made a number of modifications, including to Regulation 25(2), which makes reference to the fact that the Central Bank may prescribe, in accordance with section 43 of the Credit Union Act 1997, further classes of investments for credit unions which may include investments in projects of a public nature. The effect of these modifications is that regulation 25(2) now provides that investment in projects of a public nature can include, but are not limited to, investments in social housing projects.
I acknowledge the modifications made by the Central Bank and the willingness of credit unions to actively seek a role in financing the delivery of social housing.
Conscious of the independence of the Central Bank in its regulatory role in respect of credit unions, bilateral engagement has taken place between my Department and the Department of Finance to consider the potential regulatory and legislative implications of credit union involvement in the social housing sector. My Department and the Department of Finance met with the Central Bank on 21 April 2016 to provide information of a technical nature in relation to social housing funding arrangements. This was with a view to assisting the Central Bank in understanding how these arrangements operate, as it deals with issues arising from proposals put forward for credit union investment in social housing.
Ultimately, the funding mechanisms required will have to be put in place in the first instance by the credit union bodies themselves, with the support of their members and with the agreement of the Central Bank. My Department will continue to contribute to this process by providing necessary technical advice and support.
288. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his plans to update the Planning and Development Act 2000 in relation to short-term accommodation use of private residential dwellings; and if he will make a statement on the matter. [32145/16]
View answer289. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his plans to update planning regulations in view of a decision by An Bord Pleanála (details supplied); the timeframe for any such update; and if he will make a statement on the matter. [32146/16]
View answer290. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if he has considered the implications of any proposed changes to planning legislation and regulations in relation to short-term accommodation stays on existing bed and breakfast arrangements; and if he will make a statement on the matter. [32147/16]
View answerI propose to take Questions Nos. 288 to 290, inclusive, together.
Article 10(4) of the Planning and Development Regulations 2001-2015, dealing with change of use exemptions, provides that development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted from the requirement to obtain planning permission under the Planning and Development Act 2000, as amended, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
The interpretation and application of enactments relating to exempted development in any particular case is a matter for the planning authority concerned, or An Bord Pleanála on appeal or referral. Similarly, responsibility for enforcement action in relation to any breach of the planning code is a matter for individual planning authorities, under Part VIII of the 2000 Act. Section 30 of that Act specifically precludes me from exercising any power or control in relation to any particular case, including enforcement, with which a planning authority is or may be concerned.
However, in the context of the recent determination by An Bord Pleanála in relation to the exclusive use of an apartment for short-term commercial letting purposes through a dedicated website, I have asked my Department to examine the decision and consider the appropriate steps that might need to be taken, including the provision of statutory planning guidelines, with a view to providing clarity and ensuring consistency of approach by all planning authorities in terms of the planning requirements for such commercial lettings.
