Written answers

Tuesday, 25 April 2006

Department of Environment, Heritage and Local Government

Architectural Heritage

9:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Question 950: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the fact that homes protected under the Planning and Development Act 2000 need a section 57 declaration, which requires a site location map; his views on whether this is another example of a stealth tax; and if he will make a statement on the matter. [14303/06]

Photo of Dick RocheDick Roche (Wicklow, Fianna Fail)
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Under the Planning and Development Act, works to a protected structure, which in normal circumstances would be exempted development, are exempted development only if the works in question would not materially affect the character of the structure or any element of the structure that contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest. To facilitate owners or occupiers of protected structures, however, the Act provides that such an owner or occupier may make a written request to their planning authority for a declaration as to the type of works which it considers would or would not materially affect the character of the structure. This enables the owners or occupiers to identify the type of works to the structure which will not require planning permission, so removing any future necessity to apply for planning permission for such works. The legislation does not require that an application for a section 57 declaration should be accompanied by a site location map. The Deputy's reference to a stealth tax is, therefore, wide of the mark.

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