Enda Kenny (Mayo, Fine Gael)
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Question 543: To ask the Minister for the Environment, Heritage and Local Government if, in relation to a special amenity order designation, there is a standard set of planning restrictions which apply in each case or if each SAO can be established on the basis of particular factors that might apply in that area; and if he will make a statement on the matter. [18687/08]

John Gormley (Dublin South East, Green Party)
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The power of planning authorities to make a Special Amenity Area Order derives from section 202(1) of the Planning and Development Act 2000. This permits a specified area to be declared an area of special amenity by reason of:

its outstanding natural beauty, or

its special recreational value,

and having regard to any benefits for nature conservation. Such an order may state the planning authority's objectives in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.

Under section 202(2) where it appears to the Minister that an area should be declared a Special Amenity Area he can direct a planning authority to make a Special Amenity Area Order in respect of the area, and may require that objectives specified in the direction be included by the planning authority in the order.

Section 34(2) provides that when making its decision in relation to a planning application, a planning authority must consider the proper planning and sustainable development of the area, having regard to a number of matters, including the provisions of any Special Amenity Area Order relating to the area. The development restrictions to be imposed in the case of any special amenity area will therefore depend on the provisions of the particular Special Amenity Area Order.