Niall Collins (Limerick West, Fianna Fail)
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Question 288: To ask the Minister for the Environment, Heritage and Local Government if, in the absence of a formally adopted plan, an ongoing programme of demolition of multiple dwelling units costing in excess of €127,000 to date being undertaken by a local authority will be regarded as exempt development under the Planning and Developments Acts; and if he will make a statement on the matter. [44108/09]

John Gormley (Dublin South East, Green Party)
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Section 179 of the Planning and Development Act 2000 and the associated Part 8 of the Planning and Development Regulations 2001 set out the legal requirements in relation to local authority own development which does not require environmental impact assessment.

Where a local authority proposes to engage in development specified in Part 8 of the Planning and Development Regulations 2001, which includes certain listed development and any other development the estimated cost of which exceeds €126,000 (not being development consisting of the laying underground of sewers, mains, pipes or other apparatus) it must go through a public consultation procedure and must also submit the proposal to the elected members for approval. The interpretation of the Regulations is a matter for the relevant local authority in the first instance and would be a matter for the courts in any case that came before them.