Written answers

Tuesday, 14 October 2014

Department of Environment, Community and Local Government

Planning Issues

Photo of Derek NolanDerek Nolan (Galway West, Labour)
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317. To ask the Minister for Environment, Community and Local Government the number of inurement clauses that were removed in each local authority; the grounds for quashing them; and if he will make a statement on the matter. [39048/14]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I understand that the Question relates to a form of condition which is sometimes attached to a planning permission - also known as a “sterilisation agreement” - under section 47 of the Planning and Development Act 2000, as amended, between a planning authority and a person with a legal interest in land for the purpose of restricting or regulating the further development or use of land, permanently or for a specific period.

The decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála as appropriate and I have no role in relation to the matter. Any decision to remove an inurement clause attached to a grant of permission is similarly a matter for the relevant planning authority.

Data on section 47 agreements (agreements regulating or restricting the development or use of land) entered into are available on my Department’s website at:.

The information requested in relation to the number of inurement clauses removed in each local authority area, and the grounds for removing them, is not available in my Department.

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