Noel Ahern (Dublin North West, Fianna Fail)
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Question 146: To ask the Minister for the Environment, Heritage and Local Government in the context of the recent proliferation of cash-for-gold shops, if planning approval or change of use permission is required for such premises. [43441/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
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In relation to the matter of planning permission, the position is that 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 3 of the Act defines development as "the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land".

Article 10 of the Planning and Development Regulations, 2001 provides that, subject to the conditions and exceptions set out in that article, development which consists of a change of use within any one of the classes of use specified in Part 4 of Schedule 2 is exempted development. Class 1 of Part 4 of Schedule 2 is use as a shop.

"Shop" is defined as "a structure used for any or all of the following purposes, where the sale, display or service is principally to visiting members of the public -

(a) for the retail sale of goods,

(b) as a post office,

(c) for the sale of tickets or as a travel agency,

(d) for the sale of sandwiches or other food or of wine for consumption off the premises, where the sale of such food or wine is subsidiary to the main retail use, and "wine" is defined as any intoxicating liquor which may be sold under a wine retailer's off-licence (within the meaning of the Finance (1909-1910) Act, 1910), 10 Edw. 7. & 1 Geo. 5, c.8,

(e) for hairdressing,

(f) for the display of goods for sale,

(g) for the hiring out of domestic or personal goods or articles,

(h) as a launderette or dry cleaners,

(i) for the reception of goods to be washed, cleaned or repaired,

but does not include any use associated with the provision of funeral services or as a funeral home, or as a hotel, a restaurant or a public house, or for the sale of hot food or intoxicating liquor for consumption off the premises except under paragraph (d), or any use to which class 2 or 3 of Part 4 of Schedule 2 applies".

The interpretation and application of the legislation is a matter for the planning authorities in the first instance and would of course ultimately be a matter for the Courts in any case coming before them. Section 5 of the Planning and Development Act 2000 enables any person to seek a declaration from the planning authority as to whether an activity, structure, etc., is or is not development, or is or is not exempted development, and to refer such a declaration to An Bord Pleanála for review.