Building Regulations Amendments

Dáil Éireann Debate, Thursday - 26 November 2015

Thursday, 26 November 2015

Ceisteanna (212)

Pearse Doherty

Ceist:

212. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government in relation to current planning rules which allow for the exemption of small-scale domestic property extensions from acquiring planning permission prior to construction, if he will clarify if it is the case that this exemption does not extend to properties located within special areas of conservation, SAC; the options available to owners of such properties who are unaware of this, and who unknowingly proceed with a domestic extension without first obtaining planning permission; if the option of obtaining retention planning permission for such unauthorised developments is not available to owners of properties within an SAC; if he will consider amending existing legislation in order to allow for retention planning permission to be granted to property owners in such incidences; and if he will make a statement on the matter. [42063/15]

Freagraí scríofa

Minister of State at the Department of the Environment, Community and Local Government

Under the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Article 6 and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out certain classes of development which are exempt from planning permission requirements.

Class 1 of Schedule 2 of the Regulations provides an exemption from planning permission for the extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house. This exemption applies where the house has not been extended previously, and where the floor area of any such extension does not exceed 40 square metres. The exemption is subject to compliance with a number of other conditions and limitations and also any general restrictions on exemptions.

Section 4(4) of the Planning and Development Act 2000, as amended, provides that development shall not be exempted development if an environmental impact assessment or an appropriate assessment of the development is required in accordance with relevant EU Directive requirements. Furthermore, section 34(12) of the Act specifically provides that applications for retention permission may not be accepted in relation to applications which would have required an environmental impact assessment or an appropriate assessment, or would have required a determination as to whether an environmental impact assessment or an appropriate assessment was required.

There are clear legal obligations on property owners to observe both national and EU law prior to the commencement of development on designated European sites. I have no plans to amend or set aside the existing legislative requirements in this regard.