Dáil Éireann Debate, Tuesday - 21 March 2017
403. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government if prior to the establishment of Irish Water, as part of the approval of a planning application for a new house build by a local authority, a water meter had to be installed; and if he will make a statement on the matter. [12833/17]
Amharc ar fhreagraWhen making decisions on planning applications or appeals, a planning authority or An Bórd Pleanála, as the case may be, is restricted to considering matters relating to the proper planning and sustainable development of the area, as set out in section 34 the Planning and Development Act 2000, as amended.
With regard to other matters, such as water meters, the 2007 Development Management Guidelines state that it is inappropriate for planning authorities to attach to planning permissions conditions relating to matters that are subject to control under other legislation or regulation, unless there are particular circumstances, for example, the matters are relevant to proper planning and sustainable development and there is good reason to believe they cannot be dealt with effectively by other means. Instead, the Guidelines suggest that a planning authority could, when notifying the grant of a permission, issue clear notice about the requirements of other codes.
The 2007 Guidelines were issued under section 28 of the 2000 Act and planning authorities and the Board are required to have regard to them in the performance of their functions under the Act.
