Trevor Sargent
Ceist:229 Mr. Sargent asked the Minister for the Environment and Local Government if he will amend the procedures which prevent members of the public submitting comments to a planning authority on an exempted development. [8717/99]
Written Answers. - Planning Process.
Trevor Sargent
Ceist:230 Mr. Sargent asked the Minister for the Environment and Local Government the plans, if any, he has to amend the procedures which dictate that planning authorities do not have any statutory responsibility to inspect exempt development; and his views on whether this arrangement is open to abuse by developers wishing to exploit this lack of accountability in the planning process. [8718/99]
I propose to take Questions Nos. 229 and 230 together.
Section 4 of the Local Government (Planning and Development) Act, 1963, provides for certain developments to be exempt from the need to obtain planning permission under the Planning Acts, for example, works which do not materially affect the character of a structure. In addition, regulations made under section 4 of the Act prescribe certain developments which are not required to obtain planning permission, because of their small scale or because they would not materially impinge on the environment such as small domestic extensions, or farm buildings within farmyard complexes, subject to certain limitations. Mobile phone masts generally require planning permission. However, the replacement of masts or the addition of a limited number of antennae to existing masts do not require permission as such development is considered not to constitute a material alteration.
However, in relation to the enforcement of planning control exempted development is not, by definition, subject to the procedures relating to planning permission and the making of objections by third parties does not arise as no decision is required of the planning authority in the case of such development. Similarly, there can be no duty on the planning authority to inspect exempted development.
It should also be noted that the issue of planning enforcement generally has been considered as part of the current review of the planning code. My proposals in this regard will be contained in a comprehensive Bill to reform and consolidate planning law to be published by mid-year.