Oireachtas Joint and Select Committees

Tuesday, 14 February 2023

Joint Oireachtas Committee on Climate Action

Building Reform Regulations: Department of Housing, Local Government and Heritage

Mr. Se?n Armstrong:

I am happy to take that. Planning is not our remit, but we have been given some briefing by planning. Legislative provisions are enforced to ensure that where planning authorities considering a planning application under section 24 of the Planning and Development Act, the planning authority is required under section 34(2) to consider "the proper planning and sustainable development of the area" which includes, "where relevant, the policy of the Government, the Minister or any ... Minister of the Government". A similar provision is provided for the board in section 143 of the Act.

There is also a provision in section 34(4) to enable a planning authority, where it considers appropriate, to attach conditions to a planning permission with regard to "conditions for requiring construction and demolition waste to be recovered or disposed of in such a manner and to such extent as may be specified by the planning authority". Where planning permission is granted, it is a matter for the planning authority or the board to attach the appropriate conditions on individual developments with regard to construction and demolition waste.

The significant majority of local authorities, through their development plan policies, already require the submission of a construction and demolition waste management plan to accompany planning applications for developments of a certain scale and type.

In this regard, the EPA has published guidance entitled Best Practice Guidelines for the Preparation of Resource and Management Plans for Construction and Demolition Projects. This is the planning legislation-----

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