Dáil Éireann Debate, Tuesday - 15 October 2019
470. Deputy Michael Healy-Rae asked the Minister for Agriculture, Food and the Marine if he will address a matter (details supplied) regarding single consent; and if he will make a statement on the matter. [41719/19]
Amharc ar fhreagraSection 4 of the Planning and Development Act 2000, as amended, provides for the general overarching provisions in respect of exempted development i.e. development works not requiring planning permission. Supplementary more detailed provisions in relation to exempted development are provided for in the Planning and Development Regulations 2001, as amended.
Currently, the construction of forest roads and ancillary works is exempt from the planning system except where such works involve the provision of an entrance from a public road. In such instances, planning permission is required for such public road entrances. Section 8 of the Planning and Development (Amendment) Act 2018, which is not yet commenced, amended section 4 to provide that the construction of forest roads and ancillary works is exempt from the planning system, except where such works involves the provision of a forest entrance on a national road.
When this Section in the Planning and Development (Amendment) Act 2018 is commenced, new forest entrances on public roads (other than national roads) will no longer require planning permission, but be subject to my Department’s consent system for the control of forestry activities as provided for in the Forestry Act 2014. The commencement of this section is dependent on necessary supporting regulations, including an amendment to the exempted development provisions in the Planning and Development Regulations 2001 to be made by the Department of Housing, Planning and Local Government. In addition, relevant amendments to the Forestry Regulations 2017 need to be made by my Department. It is my intention to commence this new provision as soon as Section 8 of the Planning and Development (Amendment) Act 2018 will have been commenced. My understanding is that the relevant officials in the Department of Housing, Planning and Local Government are currently in the process of obtaining final legal advice that is required for the Commencement Order to be established. I cannot introduce the relevant amendment to the Forestry Regulations 2017 until the Department of Housing, Planning and Local Government finalise their legislative provisions.
