Jack Wall (Kildare South, Labour)
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Question 150: To ask the Minister for the Environment, Heritage and Local Government if an observatory (details supplied) falls under the planning exemption guidelines; and if he will make a statement on the matter. [26923/09]

John Gormley (Dublin South East, Green Party)
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Section 4 of the Planning and Development Act 2000 enables the Minister, by Regulation, to provide for any class of development to be exempted development for the purposes of the Act where, among other considerations, the Minister is of the opinion that such development, by reason of its size, nature or limited effect on its surroundings, would not offend against principles of proper planning and sustainable development. The interpretation and application of the relevant legislation is a matter for planning authorities in the first instance and An Bord Pleanála on appeal. Under section 30 of the 2000 Act, the Minister is specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned.