John Gormley (Dublin South East, Green Party)
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Under the Planning and Development Act 2000, planning permission is required for works unless they are specifically exempted under the Act or associated Regulations. There is no specific exemption relating to enclosed smoking areas. The interpretation of the Planning Regulations is a matter for the planning authorities in the first instance. Under Section 5 of the Planning and Development Act 2000, a question as to what is or is not exempted development may be referred to An Bord Pleanála for review.

John Gormley (Dublin South East, Green Party)
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I propose to answer Questions Nos. 379 and 397 together.

Enforcement of planning control is a matter for the planning authority which can take action if a development does not have the required permission, or where the terms of a permission have not been met. Section 154(7) of the Planning and Development Act 2000 provided that no warning letter or enforcement notice may issue and no proceedings may commence for an offence under Part VIII of the Act —

(i) in respect of a development where no permission has been granted, after seven years from the date of the commencement of the development; or

(ii) in respect of a development for which permission has been granted, after seven years beginning on the expiration, as respects the permission authorising the development, of the duration of the permission.

This section also provides that proceedings may be commenced at any time in respect of any condition concerning the use of land to which the permission is subject. The interpretation of planning legislation is a matter for the planning authorities in the first instance.