Dáil Éireann Debate, Thursday - 21 March 2024
223. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage the process in which a local authority proposal with a part 8 grant of planning permission is referred to his Department; and if he will make a statement on the matter. [13352/24]
Amharc ar fhreagra224. Deputy Aodhán Ó Ríordáin asked the Minister for Housing, Local Government and Heritage the process in which his Department issues recommendations to a local authority in respect of a planning proposal that has already received part 8 grant of planning permission; and if he will make a statement on the matter. [13353/24]
Amharc ar fhreagraI propose to take Questions Nos. 223 and 224 together.
The local authority "own development" approval process - commonly referred to as the "Part 8'" process - is set out under section 179 of the Planning and Development Act 2000, as amended (the Act) and the associated Planning and Development Regulations 2001, as amended (the Regulations). The final decision on a Part 8 development proposal is a reserved function of the elected members.
Under Section 30 of the Act, I, as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned. This includes the "Part 8" process.
Where a planning authority is proposing a 'Part 8' development, it is required under article 82 of the Regulations - as part of the wider public consultation process in relation to that development - to notify the Minister with responsibility for Heritage of the proposed development where any heritage aspects may be impacted. This specifically applies under article 82(3)(c) of the Regulations where it appears to the authority that the proposed development:
(i) would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area,(ii) might detract from the appearance of a structure referred to in sub-paragraph (i),(iii) might affect or be unduly close to—
(I) a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest,(II) a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 (No. 17 of 1994),(III) a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 1987 (No. 17 of 1987),(IV) a national monument in the ownership or guardianship of the Minister under the National Monuments Acts, 1930 to 1994, or(V) might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to in sub-paragraph (iii),
In addition, under article 82(3)(n) of the Regulations, the Minister with responsibility for Heritage is required to be notified of the proposed development where it appears to the authority that the development may have significant effects in relation to nature conservation.
Any observations submitted by the Minister as part of the public consultation process are required to be taken into account in the consideration and determination of the proposed development by the local authority and its elected members.
It should be noted that where the elected members have passed a resolution to proceed with a 'Part 8' development proposal in accordance with section 179(4) of the Act, there is no referral or appeal mechanism to my Department available and section 30 of the Act applies. It is a matter for the relevant planning authority to complete the development in accordance with the resolution as adopted, including any variations or modifications to the proposed development as determined by the elected members in the adoption of the resolution in relation to the proposed development.
