Séamus Kirk (Louth, Fianna Fail)
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Question 358: To ask the Minister for the Environment, Heritage and Local Government if the legislation providing for the introduction of planning development levies contemplated levies being paid twice for the same development on the same site where a retention application was necessary to regularise the position; and if he will make a statement on the matter. [21370/08]

John Gormley (Dublin South East, Green Party)
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As Minister for the Environment, Heritage and Local Government I have overall responsibility for the legislative framework governing development contribution schemes.

Under sections 48 and 49 of the Planning and Development Act 2000, planning authorities may levy development contributions in respect of public infrastructure and facilities provided by, or on behalf of, the local authority that benefit development in the area, based on a scheme of contributions adopted by the elected members of the authority.

In addition to the legislative framework my Department has also issued updated policy guidance on development contributions, in the form of circular letter 5/07 which specifically addresses the issue of "double charging". All local authorities have been advised that any development contribution already levied and paid should be deducted from the subsequent charge so as to reflect that this development had already made a contribution. A copy of the circular letter is available on my Department's website at www.environ.ie.

It should also be noted that the fact that a developer has made an application for retention permission under section 34(12) of the Planning and Development Act 2000 is not a defence to a prosecution for unauthorised development and a development carried out without planning permission, or in breach of planning conditions, remains unauthorised unless and until retention permission is granted. Section 162(3) of the Act provides that no enforcement action under Part VIII of the Act shall be stayed or withdrawn by reason of an application for retention of unauthorised development.

Joe Costello (Dublin Central, Labour)
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Question 359: To ask the Minister for the Environment, Heritage and Local Government the primary legislation which provides for billboards, sandwich boards and other commercial advertising in streets and public places; and if he will make a statement on the matter. [21380/08]

John Gormley (Dublin South East, Green Party)
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Planning and development control is governed by the Planning and Development Acts 2000 to 2006 and the associated Regulations.

Unless otherwise exempt, advertising in streets and public places is subject to the submission of a planning application in accordance with the provisions of Section 34 of the Planning and Development Act 2000. Under the legislation, the decision as to whether or not to grant a planning application, with or without conditions, is a matter for the relevant planning authority. In making decisions on planning applications, planning authorities must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received, and relevant Ministerial or Government policies, including any guidelines issued by the Department.

Section 4(2) of the 2000 Act provides that I, as Minister, may, by reason of size, nature or limited effect upon its surroundings, by Regulation, provide exemptions for a particular class of development provided that development is not contrary to the principles of proper planning and sustainable development.

Part 2 of the Second Schedule to the Planning and Development Regulations (as amended) provides that advertisements, such as those exhibited at the entrance to any business or trade premises, are exempt from the need to apply for planning permission, subject to specified conditions and limitations. Such exempted development signage is subject to a licence fee payable to the planning authority.