Written answers
Tuesday, 24 June 2008
Department of Environment, Heritage and Local Government
Planning Issues
10:00 pm
Róisín Shortall (Dublin North West, Labour)
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Question 398: To ask the Minister for the Environment, Heritage and Local Government the standards, guidelines and regulations pertaining to roof gardens when planning applications for developments with roof gardens are under consideration by a local authority; and the noise mitigation measures that are required of developments with roof gardens. [24376/08]
John Gormley (Dublin South East, Green Party)
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Under the Planning Acts 2000-2006, all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Section 34 of the Planning and Development Act 2000 enables a planning authority to grant a planning permission subject to or without conditions as appropriate. Section 34(4)(c) of the Act provides that the planning authority can make a condition requiring the applicant to take measures to reduce or prevent noise. Schedule 2 of the Planning and Development Regulations 2001 sets out, subject to certain conditions, the size of extensions to the rear of houses that are exempt from the requirement to obtain planning permission. These conditions specify that the roof of any such extension should not be used as a balcony or roof garden.
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