Éamon Ó Cuív (Galway West, Fianna Fail)
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235. To ask the Minister for Environment, Community and Local Government in the context of his planning regulations regarding change of use-material change of use of retail units, if he will clarify the situation with regard to the opening of sex-adult shops in residential-sensitive localities to include proximity to schools; the regulations in relation to same in sensitive residential locations; if he is aware of Dublin City Council's city development plan policy to prevent such retail units in sensitive locations; if he is aware of the huge number of objections from parents in Drumcondra in Dublin 9 against the opening of a sex-adult shop across the road from a school (details supplied); if he will amend the regulations to prevent such shops setting up in existing retail units, as well as in new build units; if such changes can be made by ministerial order, or if primary legislation is required; if he will bring forward whatever changes are required to prevent such shops opening in such sensitive locations; if he will co-operate with democratically elected councils, whose development plans are being frustrated by inadequate regulations; and if he will make a statement on the matter. [27981/15]

Paudie Coffey (Waterford, Fine Gael)
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The definition of shop, under Article 5 of the Planning and Development Regulations 2001, is based on the "retail sale of goods" and the nature of those goods is not referred to in planning legislation. By and large changing from one type of shop to another is exempted development unless the change has additional land-use impact, such as a change which involves now selling hot food for consumption off the premises. Making a change to the exempted development provisions of the Regulations requires the positive approval of both Houses of the Oireachtas under section 262 of the Planning and Development Act 2000.

My Department will consider whether it is appropriate to make any changes to planning law in this area; this will need to take account of the fact that planning is largely concerned with the appropriateness of a particular development in terms of its land use impacts, such as amenity, visual impact, noise, traffic, overlooking, environmental effects, etc. It is unclear that adult shops have any such additional land use impacts as distinct from other shops, such that they should be governed by planning law.