Ned O'Keeffe
Ceist:239 Deputy Edward O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will clarify a specific issue (details supplied) in relation to local authority works. [44967/10]
Amharc ar fhreagraTuesday, 30 November 2010
Ceisteanna (234, 235, 236)
Ned O'Keeffe
Ceist:240 Deputy Edward O’Keeffe asked the Minister for the Environment, Heritage and Local Government if he will clarify a specific issue (details supplied) in relation to local authority works. [44968/10]
Amharc ar fhreagraFreagraí scríofa
I propose to take Questions Nos. 239 and 240 together.
Article 80(1)(k) of the Planning and Development Regulations 2001 states that any development other than those specified in paragraphs (a) to (j), the estimated cost of which exceeds €126,000 and which development does not consist of the laying underground of sewers, mains, pipes or other apparatus, is deemed to be prescribed as proposed development for the purposes of section 179 of the Planning and Development Act 2000 (as amended) which relates to local authority own development. Therefore, any development other than those specified in paragraphs (a) to (j), whose estimated cost is less than €126,000 is deemed not to fall within the requirements of section 179 and planning authorities do not have to undertake a Part 8 process.
In relation to road works, article 80(1)(b) of the 2001 Regulations states that the construction of a new road or the widening or realignment of an existing road, where the length of the new road or of the widened or realigned portion of the road, as the case may be, would be 100 metres or more in the case of a road in an urban area or 1 kilometre or more in the cases of a road in any other area, is deemed to be prescribed as proposed development for the purposes of section 179 of the Planning and Development Act. Therefore, road works that fall below the above thresholds are deemed not to fall within the requirements of section 179 and planning authorities are not required to undertake a Part 8 process in such circumstances.
Notwithstanding the above, guidance for planning authorities on Appropriate Assessment of Plans and Projects in Ireland, published by my Department in December 2009, clearly states that planning authorities must consider the possible nature conservation implications of any plan or project, including developments that may fall outside the parameters of Part 8 development, on the Natura 2000 site network before any decision can be made to allow that plan or project to proceed, having due regard to the requirements of the EU Birds and Habitats Directives and their transposing regulations.
Joanna Tuffy
Ceist:241 Deputy Joanna Tuffy asked the Minister for the Environment, Heritage and Local Government if it is a requirement for local authorities to include Part 8 and Part 10 on a planning register, to be retained for inspection by the public; and if he will make a statement on the matter. [45015/10]
Amharc ar fhreagraUnder section 7(2)(tt) of the Planning and Development Act 2000 as amended by section 7 of the Planning and Development (Strategic Infrastructure) Act 2006, a local authority is required to enter in the register particulars of any development referred to in section 179(4)(b) which relates to the decision whether to carry out development under Part 8, either as recommended in the manager's report or as subject to such modification or variation as may be decided by resolution of the local authority.
Furthermore, in respect of the requirement for an environmental impact assessment under Part 10 of the Planning Act, section 7(2)(b) states that a local authority is also required to enter in the register the fact that an environmental impact statement has been submitted in respect of an application for permission for development.