Written answers

Thursday, 11 November 2010

Department of Environment, Heritage and Local Government

Departmental Schemes

6:00 pm

Photo of Noel AhernNoel Ahern (Dublin North West, Fianna Fail)
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Question 257: To ask the Minister for the Environment, Heritage and Local Government the situation regarding insulation of houses being sponsored and grant aided by Sustainable Energy Ireland; if planning approval is required in exterior insulation schemes; if so, the reason SEI do not inform persons of same, the reason they do not ask if planning approval has been granted before awarding grant approval; if a standard approach can be taken by all local authorities; if Dublin City Council can now be instructed to withdraw the warning notice under section 152 issued to a person (details supplied) who has done everything in accordance with SEI but has no planning approval. [42206/10]

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Under the Planning and Development Acts 2000-2010 and the associated regulations, all development commenced on or after 1 October 1964 requires planning permission unless specifically exempted. Section 4(1) of the Planning and Development Act 2000 sets out certain broad categories of development that are exempted developments for the purposes of the Act. Section 4(1)(h) provides that development consisting of the carrying out of works for the maintenance, improvement or other alteration of any structure is exempted development if the works affect only the interior of the structure or do not materially affect the external appearance of the structure so as to render the appearance inconsistent with the character of the structure or of neighbouring structures. The interpretation and application of the legislation is a matter for the planning authorities in the first instance.

This advice is available on the Sustainable Energy Authority of Ireland website, www.seai.ie .

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. I have no role in the matter. Under section 30 of the Planning and Development Act 2000, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or the An Bord Pleanála is or may be concerned.

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