Dáil Éireann Debate, Thursday - 4 March 2021
81. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the legislative, statutory and regulatory framework for the provision of public green space in urban areas; and if he will make a statement on the matter. [12412/21]
View answer82. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if there has been an audit of public green space provision in Dublin commuter belt areas; and if he will make a statement on the matter. [12413/21]
View answer86. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the type and number of engagements his Department has had with the HSE and Public Health regarding public green space provision in urban areas in 2018, 2019 and 2020; and if he will make a statement on the matter. [12417/21]
View answerI propose to take Questions Nos. 81, 82 and 86 together.
While the Minister for the Housing, Local Government and Heritage has responsibility for policy, legislation, Oireachtas accountability and, at a broad level, oversight, in respect of the local government system, local authorities are entirely independent corporate entities having full responsibility under law for the performance of their functions.
Section 67 of the Local Government Act 2001 is the primary legislative, statutory and regulatory framework for the provision of public green space. This provides that a local authority may take measures or engage in activities that it considers necessary to promote the interests of the local community in relation to matters such as general recreational and leisure activities, including the provision of parks and open spaces.
In the context of proposed new development, the preparation of statutory development plans is a central function of a planning authority undertaken in accordance with sections 9-13 of the Planning and Development Act, 2000 (as amended). The zoning of land for particular uses, including for open amenity space, is a reserved function of the planning authority. In preparing development plans, consideration and decisions on the zoning of particular lands is therefore a matter for the elected members and is required to be consistent with established statutory national and regional planning policy and legislation, including the National Planning Framework, Regional Spatial and Economic Strategies (RSES) and statutory Ministerial planning guidelines as appropriate. In this regard, guidance in relation to amenity and quality of life issues, including, inter alia, public open spaces and area-wide green space strategies, is set out in the Sustainable Residential Development in Urban Areas – Guidelines for Planning Authorities published by my Department in 2009.
Accordingly, in line with their statutory role as outlined above, decisions in relation to auditing public green space and engagement with the HSE/Public Health on related issues are matters for individual local authorities.
