Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Question 373: To ask the Minister for the Environment, Heritage and Local Government the outcome of his discussion with the European Commission in respect of the planning matters for Parliamentary Question No. 1394 of 24 September 2008; and if he will make a statement on the matter. [33355/08]

John Gormley (Dublin South East, Green Party)
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My Department issued Circular Letter SP 5/08 on 30 September 2008 to all County Managers, advising them of the outcome of the discussions with the European Commission regarding the implementation of local need policies in cases where there is an application to build a dwelling from which a full-time business will operate. Local authorities were asked to examine their development plans in light of the updated guidance provided in the circular to ensure their compatibility with Articles 43 and 56 of the EC Treaty which guarantee respectively the freedom of establishment (of business) and the free movement of capital.

A copy of the Circular Letter is available on my Department's website at www.environ.ie.