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Legislative Measures

Dáil Éireann Debate, Tuesday - 8 November 2016

Tuesday, 8 November 2016

Questions (192)

Colm Brophy

Question:

192. Deputy Colm Brophy asked the Minister for Housing, Planning, Community and Local Government the details of the implementation of section 204 of the Planning and Development Act 2000, including details of approved landscape conservation orders and details of any guidelines or orders made by Ministers in relation to this section of the Act. [33385/16]

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Written answers

Under section 204 of the Planning and Development Act 2000 (as amended), it is a reserved function of a planning authority to designate, by order - for the purposes of the preservation of the landscape - any area or place within its functional area as a landscape conservation area. I am not aware that any planning authority has exercised its powers under this provision to date.

Regulations have not been made to date under section 204(2) of the 2000 Act, which provides that, notwithstanding any exemption from the requirement to obtain planning permission granted under section 4 of the Act, or any regulations made under that section, the Minister may prescribe development that, for the purpose of section 204, shall not be exempted from the requirement to obtain planning permission.

It is also the case that no Ministerial guidelines have issued to planning authorities to date under section 28 of the 2000 Act in relation to the preservation of landscapes.

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