Charlie O'Connor (Dublin South West, Fianna Fail)
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Question 369: To ask the Minister for the Environment, Heritage and Local Government if he is satisfied with the operation of Class 5, Part 2, Exempted Development Advertisement, of the Planning and Development Regulations 2001, which allows the display of a professional name plate not exceeding 0.3 square metres in the area outside a premises at which any practice of the profession by the person named is illegal due to the named person not being registered with the professional body as required by law; his views on whether without amendment, this law could permit illegal activity to be advertised under planning laws; if so, if he plans to propose amendments; his further views on whether Section 157 (4)(a)(i) of the Planning and Development Acts, 2000 to 2006 which statute bars enforcement action after a period of time is appropriate in cases in which the purporting of a professional practice is illegal under other legislation; if he does not consider it appropriate, if he will bring forward amendments; and if he will make a statement on the matter. [21328/09]

John Gormley (Dublin South East, Green Party)
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Under Article 6 and Schedule 2, Part 2, Class 5 of the Planning and Development Regulations 2001, advertisements exhibited at the entrance to any premises, relating to any person, partnership or company carrying on a public service or a profession, business or trade at the premises are, subject to certain conditions, exempted development. It is a matter for a person carrying on a relevant activity to which such an advertisement relates to comply with any other legal requirements or obligations imposed under other legislation, including regarding the conduct of a professional practice. Enforcement under the Planning Acts arises only in respect of alleged breaches of planning legislation, and is a matter for the relevant planning authority. Enforcement of other legislation, for instance in relation to the conduct of a professional practice, is a matter for the relevant authorities.