Ciarán Lynch (Cork South Central, Labour)
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Question 133: To ask the Minister for the Environment, Heritage and Local Government his plans to review and amend the power under which he can terminate a foreshore licence at any time by giving three months notice in writing without payment of compensation or refund to the licensee; his views that the uncertainty that results from this provision inhibits the acquisition of development funding; and if he will make a statement on the matter. [45673/10]

Ciarán Lynch (Cork South Central, Labour)
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Question 134: To ask the Minister for the Environment, Heritage and Local Government the number of applications for foreshore licence being processed; the number of the current applications that already have planning permission; the number of applications that have been delayed because of problems with the termination clauses of the foreshore licence; and if he will make a statement on the matter. [45674/10]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 133 and 134 together.

Most of the foreshore is State property within the meaning of the State Property Act and ownership is vested in the Minister for Finance on behalf of the State. Where a development is proposed on the foreshore, both the property element and the regulatory element are determined within the foreshore consent process. The regulatory element is similar to planning permission under the Planning Acts. Both elements are dealt with in one document through a foreshore lease or licence which is issued, permitting the development, generally subject to specified conditions, and setting out the rent payable to the State.

As Minister with responsibility for administering the foreshore, I have a statutory obligation to include in all foreshore consents granted such covenants, conditions, and agreements as I consider necessary in the public interest, and which must be agreed with the person to whom consent is being granted. My Department is advised by the Chief State Solicitor's Office (CSSO) in this respect.

Accordingly, while standard versions of leases and licences are offered to applicants, the detailed terms and conditions are subject to discussion on a case by case basis. Where issues of the nature raised in the Questions pose an impediment for the applicant, every effort is made to arrive at a mutually acceptable outcome consistent with my statutory obligation to act at all times in the public interest.

The requirement for planning permission to be in place for on-land development is a prerequisite to the determination of development consent and the granting of a licence or lease under the Foreshore Acts, and is assessed on a case by case basis. More than 300 of the 700 cases that transferred to my Department are active foreshore applications for leases and licences. These applications vary in terms of the size of the infrastructure project, level of complexity and state of progression through the foreshore consent process.