Catherine Murphy (Kildare North, Independent)
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Question 243: To ask the Minister for the Environment, Heritage and Local Government if he has issued guidance to local authorities on the implementation of the Planning and Development Act 2001 as it relates to unauthorised developments in view of the reasoned judgement by the European Commission which sought to outlaw permission to retain structures; and if he will make a statement on the matter. [15724/06]

Dick Roche (Wicklow, Fianna Fail)
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A reasoned opinion was received from the European Commission on 5 January 2005 on planning enforcement procedures for unauthorised developments in which environmental impact assessments are required. A formal response issued to the Commission on 8 March 2005. My Department has not received any further formal communication from the Commission or from the European Court of Justice and no guidelines have been issued to local authorities. The issue raised about retention does not relate to the generality of this provision which has been part of the planning code since 1963.

Environment Commissioner Dimas visited Ireland on 2 and 3 March and I had very useful and informal discussions with him on a wide range of issues, including that referred to in the question. It would not be appropriate for me to disclose the detail of these discussions, which were of course without prejudice to any legal proceedings which may continue between Ireland the European Commission.