Ciarán Lynch (Cork South Central, Labour)
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Question 1483: To ask the Minister for the Environment, Heritage and Local Government the documentary evidence available to show that the European Commission is satisfied that Section 50(b) of the Planning and Development Act 2010 fully complies with the requirements of EU Directive 1987/337/EEC as amended; and if he will make a statement on the matter. [32891/10]

John Gormley (Dublin South East, Green Party)
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I assume the Question refers to section 33 of the Planning and Development (Amendment) Act 2010, which inserts a new section 50B into the Planning and Development Act 2000. This section is relevant to EU Directive 85/337/EEC, as amended by Directive 2003/35/EC.

Section 33 was included in the Planning and Development (Amendment) Act 2010 on the advice of the Office of the Attorney General, for the purpose of complying with the judgement of the ECJ in case C427/07. A response is not expected from the European Commission until such time it has had an opportunity to fully consider of the matter.