Niall Collins (Limerick, Fianna Fail)
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Question 341: To ask the Minister for the Environment, Community and Local Government the reason persons who have received outline planning permission for which they carried out a test for waste water treatment are now being forced to carry out another water waste treatment test before they can receive full planning permission for their property. [25917/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Article 24 of the Planning and Development Regulations 2001 (as amended) states that an outline application shall, in addition to the requirements of article 22(2), be accompanied only by such plans and particulars as are necessary to enable the planning authority to make a decision in relation to the siting, layout or other proposals for development in respect of which a decision is sought. Article 22(2)(c) requests evidence of site suitability where it is proposed to dispose of wastewater other than into a public sewer.

Where an application for permission is made to a planning authority consequent on the grant of outline permission, the planning authority cannot refuse to grant permission on the basis of any matter which had been decided in the grant of outline permission, provided that the authority is satisfied that the proposed development is within the terms of the outline permission. However, an outline permission does not operate to authorise the carrying out of any development to which the outline permission relates until a subsequent permission has been granted.

My Department will shortly be writing to all Planning Authorities to clarify that, where at outline stage an applicant has carried out a site suitability test which is in compliance with the EPA code of practice, there should be no requirement to carry out a further test at the consequent permission stage.