Written answers

Wednesday, 23 January 2013

Department of Environment, Community and Local Government

Planning Issues

Photo of Brendan GriffinBrendan Griffin (Kerry South, Fine Gael)
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To ask the Minister for Environment, Community and Local Government his plans to review the operation of An Bord Pleanála; if he considers that there is a need for greater transparency in relation to the composition of the board and the decision making process; and if he will make a statement on the matter. [3287/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The Board of an Bord Pleanála comprises a Chairperson and up to 9 ordinary members. The appointment process, set out under sections 105 -107 of the Planning and Development Acts 2000-2012 and Articles 56 – 65 of the Planning and Development Regulations 2001, as amended, require selections to be made by the Minister from nominees put forward by four representative panels of nominating bodies prescribed for this purpose.

Appointees to the Board do not represent their nominating body but are appointed to provide, as a function of the Board, independent consideration of planning authorities’ decisions submitted to the Board on appeal and applications required to be submitted directly to the Board. I am satisfied that the current nomination and appointment processes are fair and transparent. Furthermore, as the legislative provisions underpinning these processes have only recently been endorsed by the Oireachtas, I have no proposals to make any further amendments at this time.

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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To ask the Minister for Environment, Community and Local Government if he has considered imposing a minimum standard for chimneys built as part of exempted one storey extensions to two storey houses; and if he will make a statement on the matter. [3368/13]

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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The legal requirements of the Building Regulations are set out in twelve Parts (classified as Parts A to M) and apply to new buildings or, in certain circumstances, to works involving the extension, material alteration or material change of use of an existing building.

Part J – Heat Producing Appliances – of the Building Regulations requires such appliances to have adequate provision for the discharge of the products of combustion to the outside air, and any heat producing appliance, flue pipe, or chimney to be designed and constructed so as to reduce to a reasonable level the risk of the building catching fire as a consequence of its use.

Technical Guidance Document (TGD) J, published by my Department, gives guidance on how to comply with Part J. In particular, guidance is given covering the appropriate location of flue terminals for both natural draught and balanced flue appliances, shielding of flue pipes from combustible materials, encasement of flues where passing through compartment walls and floors and the need for provision for flue cleaning.

The relevant distances for flue locations are based on the European standard EN 15287-1: 2007 Design, Installation and Commissioning of Chimneys - Part 1 Chimneys for non-room sealed heating appliances, which deals with all fuel type appliances.

Part A – Structure – of the Building Regulations, and the accompanying Technical Guidance Document A, requires that chimneys are sized in keeping with the structural stability of the building to which they are attached.

Buildings which are exempted from planning permission are required to comply with the requirements of the Building Regulations in so far as they apply to the building concerned.

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