Dáil Éireann Debate, Wednesday - 21 April 2021
732. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage the reason An Taisce is a prescribed body in the planning process; the membership and directorship of An Taisce; if he has concerns regarding its remit and ability to cause huge delays to developments of significant importance to the farming community in the south east based on ideological grounds; and if he will make a statement on the matter. [19289/21]
View answerAn Taisce - the National Trust for Ireland - was initially designated as a precribed body within the planning system by way of the Local Government (Planning and Development) Act, 1963, (Miscellaneous) Regulations, 1964 - (S.I. No 219 of 1964).
The current prescribed functions in relation to the participation of An Taisce within the planning system are set out in the Planning and Development Act 2000, as amended (the Act) and the Planning and Development Regulations 2001, as amended (the Regulations).
In this regard, under article 28(1) of the Regulations, a planning authority is required to send notice to An Taisce on receipt of a planning application where it appears that:
- the land or structure is situated in an area of special amenity;
- the development would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area;
- the development might affect or be unduly close to a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest;
- the development might affect or be unduly close to a monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994, a historic monument or archaeological area entered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act 1987 or a national monument in the ownership or guardianship of the Minister under the National Monuments Acts 1930 to 2004;
- the development might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to above;
- the development might have significant effects in relation to nature conservation;
- the development relates to development for the purposes of initial afforestation or the replacement of broadleaf high forest by conifer species.
Under article 28(2)(b) of the Regulations, any submission or observation made by a prescribed body to the planning authority in relation to a planning application before the decision is made is required to be taken into account by the planning authority in making its decision on the application.
An Taisce is a registered charity which is governed by a board of directors and members may join the organisation on payment of the necessary fee. As Minister, I have no statutory function in relation to the operations of the organisation. Further information on the organisation may be found at https://www.antaisce.org/.
Furthermore, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned, except in very specific circumstances, which do not apply to this case. This includes cases where An Taisce makes a submission or observation on any proposed development.
