Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 455: To ask the Minister for the Environment, Community and Local Government the impact of his policies on conditions that attach to grants of planning permission by planning authorities where such conditions refer to planting of native species; where the definition of native species can be obtained so that planning conditions can be implemented; and if he will make a statement on the matter. [22042/11]

Willie Penrose (Longford-Westmeath, Labour)
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The attaching of conditions to a grant of planning permission and the terms of such conditions are a matter for the planning authority concerned, having regard to statutory requirements, Government policy and Ministerial guidance, where appropriate.

While my Department does not provide specific guidance to planning authorities as to the types of native trees that should be planted as part of a condition of a permission, I understand that some local authorities identify particular native tree and hedge species which can be used in their area, in development plan policies, planning forms and public information sheets. Further advice in relation to the identification and listing of native species may also be obtained through Coillte's Woodland Restoration Programme – information can be found on the website - www.woodlandrestoration.ie.

Seán Fleming (Laois-Offaly, Fianna Fail)
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Question 456: To ask the Minister for the Environment, Community and Local Government if, under the terms of the rain-water harvesting scheme, planning permission is required in situations in which the construction is overground and when it involves excavations in constructing an underground tank; and his views on whether this issue will remove the incentive for many farmers to proceed with this scheme. [22045/11]

Willie Penrose (Longford-Westmeath, Labour)
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I recently published draft Planning and Development (Amendment) (No. 2) Regulations 2011, which include a new exemption for works consisting of the provision of a tank or tanks for the storage of rainwater collected from the roofs of agricultural buildings and any ancillary equipment to collect and distribute the rainwater.

This proposed exemption is subject to the following conditions:

· No such structure situated fully underground shall exceed 10 metres in length, 5 metres in width or 4 metres in depth;

· No such structure that is totally or partially above ground shall exceed 5 metres in length, 5 metres in width or 4 metres in height;

· All such structures shall have a solid, impervious roof;

· No unpainted metal sheeting shall be used for roofing or on the external finish of the structure.

These Regulations required the positive approval of both Houses of the Oireachtas and were laid before both Houses on 23 June 2011. They were discussed and referred back to the Houses for approval by the Joint Oireachtas Committee on Transport, Environment, Culture and the Gaeltacht on 14 July, and received the positive approval of both Houses on 20 July. I expect to sign these Regulations into law shortly.