Joe Higgins (Dublin West, Socialist Party)
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Question 1396: To ask the Minister for the Environment, Heritage and Local Government if persons wishing to extend their business premises through the erection of mezzanine floors in warehouses must go through the planning process and are liable to pay development levies or extra rates. [25272/05]

Dick Roche (Wicklow, Fianna Fail)
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The question as to whether a particular development requires planning consent or not is primarily a matter for the planning authorities, or An Bord Pleanála on referral. They are empowered under section 5 of the Planning and Development Act 2000 to reach a determination as to whether a particular development falls to be considered as exempt. In making their determination, consideration would be given to section 4(1)(h) of the 2000 Act which provides that development consisting of the carrying out of internal works for improvement purposes and not affecting the external appearance of the structure, is exempted development.

Where planning permission is required, such permission would normally be subject to the payment of a development levy. Under section 48 of the Act it is a matter for the relevant planning authority to determine the level of development contribution to be made. The levying and collection of rates are also matters for the relevant local authority. Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the valuation lists prepared by the Commissioner of Valuation under the Valuation Acts. The Valuation Acts are the responsibility of the Minister for Finance.