Written answers

Tuesday, 23 March 2010

Department of Environment, Heritage and Local Government

Planning Issues

8:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
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Question 648: To ask the Minister for the Environment, Heritage and Local Government if a landowner may make a claim for compensation from the local authority if land is zoned from development zoning such as residential or industrial to a zoning of less value, greenbelt or agriculture when that rezoning occurs as part of the development plan process; and if he will make a statement on the matter. [12482/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Section 10 (8) of the Planning and Development Act 2000 states that there shall be no presumption in law that any land zoned in a particular development plan (including a development plan that has been varied) shall remain so zoned in any subsequent development plan. Section 13 (1) of the Act provides that a planning authority may make a variation to a development plan which is in force and this could, inter alia, include changes to zoning objectives.

There are no provisions for compensation to landowners in the event of any changes to the zoning designations of their lands as part of the development plan process.

Photo of Michael RingMichael Ring (Mayo, Fine Gael)
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Question 649: To ask the Minister for the Environment, Heritage and Local Government when a reply will issue to a person (details supplied) in County Mayo. [12497/10]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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The person concerned has written to me on eight occasions since September 2007 and has been issued with six replies. The matters raised by him have generally related to the taking of enforcement action on unauthorised development. As indicated in the replies to him, under the Planning Acts, enforcement is a matter for the relevant planning authority.

A reply will issue as soon as possible to the latest letter dated 15 January 2010.

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