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Architectural Heritage

Dáil Éireann Debate, Wednesday - 23 February 2022

Wednesday, 23 February 2022

Ceisteanna (120, 121)

Jennifer Whitmore

Ceist:

120. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the effect the recent Planning and Development Act (Exempted Development) Regulations 2022 have on architectural conservation areas; if architectural conservation areas will be subject to an exemption, meaning the development will allowed to be constructed without planning; and if he will make a statement on the matter. [10351/22]

Amharc ar fhreagra

Jennifer Whitmore

Ceist:

121. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if there will be communication regarding whether the requirement of an assessment on the impact of developments to bats, their roosts and nesting birds will still apply in the recent Planning and Development Act (Exempted Development) Regulations 2022; and if he will make a statement on the matter. [10352/22]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 120 and 121 together.

The Planning and Development (Amendment) (No.2) Regulations 2018, which came into operation on 8 February 2018, provide for an exemption from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises to residential use, including the conversion of vacant areas above ground floor commercial premises to residential use. This measure was aimed at facilitating the productive re-use of qualifying vacant commercial buildings as homes, while also facilitating urban renewal and the bringing on stream of increased housing supply.

The Government's recently published Housing Plan for Ireland - Housing for All commits to reviewing and extending the 2018 regulations to the end of 2025. The recently signed Planning and Development Act (Exempted Development) Regulations 2022 fulfill that commitment.

The conditions and limitations that applied to the 2018 exempted development provisions will continue to apply under the new regulations which includes provision that works shall not be permitted in a number of limited areas, such as areas of special planning control and areas to which special amenity area orders relate. Under section 82 of the Planning and Development Act 2000, as amended (the Act), works to the exterior of a structure located in an architectural conservation area shall be exempted development only if those works would not materially affect the character of the area. Where a person wishes to seek advice in relation to whether proposed works might materially affect the character of an architectural conservation area, they should contact the local Heritage Officer or the local planning office.

Furthermore works to protected structures shall not be allowed under the exemptions save where the relevant planning authority has issued a declaration under section 57 of the Act to the effect that the proposed works would not materially affect the character of the structure or any element of the structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.

My Department is in the process of issuing a Circular Letter to planning authorities advising them of the newly extended exempted development regulations. The Circular will include the specific advice that care should be taken to ensure compliance with relevant legislative requirements in relation to the assessment of potential impacts on bats, their roosts and nesting birds arising from any proposed works in relevant structures.

Question No. 121 answered with Question No. 120.
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