Joe Costello (Dublin Central, Labour)
Link to this: Individually | In context

Question 1392: To ask the Minister for the Environment, Heritage and Local Government if Section 25 planning applications under the Docklands Development Authority Act 1997 apply to change of use developments long after the original Section 25 was granted, as in the case of new betting shops (details supplied) in Dublin 1; and if he will make a statement on the matter. [29644/08]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

Section 25 of the Dublin Docklands Development Authority Act, 1997, as amended, provides for the preparation of planning schemes by the Authority for the Custom House Docks Area or any part thereof, and any other area specified for that purpose by Ministerial Order. A planning scheme prepared under the Act is submitted to my Department for approval.

Section 25(7)(a) of the Act provides that the carrying out of any development, in an area in respect of which a planning scheme has been approved, by a person other than the Authority, which is certified by the Authority to be consistent with that planning scheme, shall be exempted development for the purposes of the Planning and Development Act 2000. While I have a role in the approval of planning schemes proposed by the Authority, I have no function in the approval or otherwise of individual certificates granted by the Authority under Section 25 of the Act.

With regard to the premises mentioned in the question, I am advised that the original Section 25 certificate issued for use as a restaurant. At a later date the restaurant ceased trading and the Authority received a new application from the owner of the premises seeking a Section 25 certificate for use of the premises as a betting shop. Following consideration of the application by the Authority the change of use was deemed to be in compliance with the planning scheme and a new Section 25 certificate was issued on the premises for use as a betting shop.