Planning Issues

Dáil Éireann Debate, Wednesday - 29 September 2010

Wednesday, 29 September 2010

Ceisteanna (1351, 1352)

Thomas Byrne

Ceist:

1439 Deputy Thomas Byrne asked the Minister for the Environment, Heritage and Local Government in respect of a document (details supplied) if the matter is solely a matter for the elected members of the relevant local authority; if he has any role in approving the said document; if he would have any role in the implementation of the document if approved by the elected members; if he can amend the said document if passed by the said elected members; and if he can himself bring into force the said document if the elected members fail to approve the said document. [33620/10]

Freagraí scríofa

Minister of State at the Department of Environment, Heritage and Local Government (Deputy Ciarán Cuffe)

Meath County Council undertook, in their County Development Plan 2007-2013, to explore the designation of a Landscape Conservation Area, pursuant to section 204 of the Planning and Development Acts 2000-2010, in respect of the Tara and Skryne areas. Furthermore, the County Meath Heritage Plan 2007-2011 also includes an action to seek to pilot the development and adoption of a Landscape Conservation Area.

The making, reviewing and varying of a development plan is a reserved function of the elected members of the planning authority for the area. Equally, the adoption of individual landscape conservation areas is also a reserved function and it is a matter for the members to make, modify or refuse to make an order under section 204 of the Planning and Development Acts.

Before making an order under section 204, the Planning Authority must consult with any State authority, including the Minister for the Environment, Heritage and Local Government, where it considers that any order relates to the functions of a State authority.

The Planning Acts also provide that, notwithstanding the exempted development set out under section 4 of the Planning Acts, the Minister for the Environment, Heritage and Local Government may prescribe development, for the purpose of section 204, which shall not be exempted development.

Maureen O'Sullivan

Ceist:

1440 Deputy Maureen O’Sullivan asked the Minister for the Environment, Heritage and Local Government if his attention has been drawn to any instances (details supplied) where the courts or local authorities have, following enforcement action, adjourned or reached settlement where the effect is to give the developer a defined period of tolerance; and if his attention has been drawn to any instances in which the courts or local authorities have following enforcement action adjourned or reached settlement when the effect is to give the developer a defined period of tolerance. [33898/10]

Minister of State at the Department of Environment, Heritage and Local Government (Deputy Ciarán Cuffe)

My Department gathers aggregate data on enforcement activity from planning authorities, including data on the number of enforcement notices issued under sections 154 and 155 of the Planning Act and the number of prosecutions initiated on foot of these enforcement notices.

While my Department may be informed from time to time of particular cases relating to enforcement action or resolutions, it is primarily the responsibility of planning authorities to administer the development management process within their area, to provide for proper enforcement of planning control and to take all appropriate steps to ensure that development takes place in compliance with national and EU law.