Dáil Éireann Debate, Thursday - 25 May 2017
131. Deputy Michael Fitzmaurice asked the Minister for Housing, Planning, Community and Local Government the reason local authorities are making it a stipulation of planning in rural areas that septic tank systems be desludged annually and be vouched in view of the fact that persons living in towns and serviced areas are receiving a free public water and sewerage service from the State; and if he will make a statement on the matter. [25255/17]
View answerWhen making decisions on planning applications or appeals, a planning authority or An Bord Pleanála, as the case may be, is restricted to considering matters relating to the proper planning and sustainable development of the area and the likely effects of the development on the environment and any relevant European site, as set out in the Planning and Development Acts 2000 to 2016.
My Department's 2007 Development Management Guidelines, issued to planning authorities under section 28 of the Planning and Development Act 2000, state that it is inappropriate for planning authorities to attach conditions to planning permissions relating to matters that are subject to control under other legislation or regulation, unless there are particular circumstances, for example, that the matters are relevant to proper planning and sustainable development and there is good reason to believe they cannot be dealt with effectively by other means. The Guidelines give examples of cases where it may be appropriate to attach conditions relating to other codes, including conditions recommended by other Divisions within the local authority. As the Guidelines do not specifically refer to conditions that might be attached to planning permissions relating to septic tanks, the attaching of such conditions to relevant planning permissions is a matter for individual authorities to decide, in the light of the Guidelines referred to above and the individual circumstances of the case in question.
