Pat Carey (Dublin North West, Fianna Fail)
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Question 374: To ask the Minister for the Environment, Heritage and Local Government if regulations exist to govern the change of use of retail shop units to chip shops and food takeaway outlets in general; if regulations exist to govern the change of use of retail shop units to off-licence shops for the sale of alcohol; if he has given consideration to updating or consolidating such regulations; and if he will make a statement on the matter. [5757/05]

Dick Roche (Wicklow, Fianna Fail)
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The Planning and Development Regulations 2001 provide that development which consists of a change of use within any one of the certain specified classes of use is exempt from the requirement to obtain planning permission, subject to certain conditions. One of these classes of use is as a shop. The definition of "shop" in the regulations specifically excludes use for the sale of hot food for consumption off the premises except where the sale of such food is subsidiary to the main retail use.

I am considering whether it may be desirable to amend the regulations so that a change of use from a shop to an off-licence would require planning permission. Any such change would require positive resolution by both Houses of the Oireachtas.