Brendan Smith (Cavan-Monaghan, Fianna Fail)
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Question 167: To ask the Minister for the Environment, Community and Local Government the situation in respect of planning requirements, if any, on the conversion of suburban front and rear gardens into patio and concrete areas for parking, which is restricting the potential for soakage of heavy rain and putting pressure on the drainage system; if the matter can be clarified; if rules or guidelines can be quoted; when they were introduced and the urban areas in which they apply; and if he will make a statement on the matter. [36419/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Under the Planning and Development Acts 2000 - 2010, all development, unless specifically exempted under the Acts or associated Regulations, requires planning permission. Certain developments are exempted under section 4 of the Act and Part 2 and Schedule 2 of the Planning and Development Regulations 2001, as amended.

Article 6 of the Planning and Development (Amendment) (No. 2) Regulations 2011, which commenced on 8 September 2011, amended Class 6 of Schedule 2, Part 1 of the Regulations to provide that any works within the curtilage of a house for –

· the provision to the rear of the house of a hard surface for use for any purpose incidental to the enjoyment of the house as such, or

· the provision of a hard surface in the area of the garden forward of the front building line of the house, or in the area of the garden to the side of the side building line of the house, for purposes incidental to the enjoyment of the house as such,

is exempted development for the purposes of the Planning Acts. The exemption is subject to the following conditions:

· The level of the ground must not be altered by more than 1 metre above or below the level of the adjoining ground, and

· Provided that the area of the hard surface is less than 25 square metres or less than 50% of the area of the garden forward of the front building line of the house, or 50% of the area of the garden to the side of the side building line of the house, as the case may be, whichever is the smaller, or

· If the area of the hard surface is 25 square metres or greater or comprises more than 50% of the area of the garden forward of the front building line of the house, or 50% of the area of the garden to the side of the side building line of the house, as the case may be, it must be constructed using permeable materials or otherwise allow for rainwater to soak into the ground.