Damien English (Meath West, Fine Gael) | Oireachtas source

I thank the Deputy for raising this important issue. He is right; it is time we had this conversation in the House. I will give some background information and put the issue in context, but it is a conversation we need to have, not just tonight. It is one we are examining and will be discussing it further.

Article 10(4) of the Planning and Development Regulations, 2001 to 2015, which deals with change of use exemptions for planning purposes provides that development consisting of the use of not more than four bedrooms in a house, where each bedroom is used for the accommodation of not more than four persons as overnight guest accommodation, shall be exempt from the requirement to obtain planning permission under the Planning and Development Act 2000, as amended, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.

The interpretation and application of enactments relating to exempted development in any particular case are, in the first instance, matters for the local planning authority concerned or An Bord Pleanála on appeal or referral. Similarly, an enforcement action for any breach of the planning code is a matter for individual planning authorities under Part VIII of the Act of 2000. Section 30 of the Act specifically precludes the Minister from exercising any power or control in any particular case, including enforcement, with which a planning authority is or may be concerned.

I understand the recent determination by the board on the use of an apartment for short-term, commercial letting purposes through a dedicated website was based on a number of considerations related to the particular circumstances of the case. They included, for example, the exclusive use of the apartment in question on a year-round basis for short-term commercial lettings, the absence of any permanent resident from any portion of the apartment and submissions made by the letting company, as well as those made by other residents of the area. Accordingly, the board concluded that the use of the particular apartment in question constituted a material change of use and was, therefore, not an exempted development under the planning code.

The effect of the determination which is in line with the earlier decision of Dublin City Council is that the letting company or apartment owner will need to apply to Dublin City Council for planning permission for a material change of use. Continued operation of the apartment in question without such planning permission could be considered to be unauthorised development and subject to enforcement proceedings by Dublin City Council under the planning Acts. It is also important to note that the role of the Minister in the planning system is primarily to provide the supporting policy and legislative framework which the Deputy addressed and which comprise the Planning and Development Act, the planning and development regulations and statutory planning guidelines, to which planning authorities and An Bord Pleanála are required to have regard in the exercise of their statutory planning functions. The day-to-day operation of the planning system is a matter for the individual planning authorities and the board. However, in the context of the recent determination by the board, as referred to by the Deputy, the Minister for Housing, Planning, Community and Local Government, Deputy Simon Coveney, has asked the Department to examine the decision and consider the appropriate steps that might need to be taken, including the provision of statutory planning guidelines, with a view to providing clarity and ensuring consistency of approach by all planning authorities in terms of the planning requirements for such commercial lettings. As part of that work, we will have this conversation to see where we are going in this matter. The Deputy has raised valid points and we will have an opportunity to address and discuss them further in the House after the Department has prepared a briefing note for the Minister.

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