Terence Flanagan (Dublin North East, Renua Ireland)
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160. To ask the Minister for Environment, Community and Local Government his views on a matter regarding planning regulations (details supplied) in County Dublin; and if he will make a statement on the matter. [33556/15]

Paudie Coffey (Waterford, Fine Gael)
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The Retail Planning Guidelines published by my Department in 2012, provide overall policy direction for local authorities in relation to retail development.

The Guidelines provide advice to local authorities with regard to preparing the content of development plans and require a proactive approach to the development of city and town centres, assessing their vitality and viability, investigating potential development opportunities and activating potential development and redevelopment opportunities.

Annex 2 of the Retail Planning Guidelines recommends that local authorities examine the strengths and weaknesses of town centres to assess how well city and town centres are performing. One such indicator is the proportion of vacant street level property. The guidelines also advise that the indicators should be collected and monitored regularly for the main centres in the retail hierarchy in order to provide baseline information on the health of town centres and help inform the preparation of city or town centre strategies.

It is a matter for local authorities, as provided for under section 34(2) of the Planning & Development Act 2000, to consider the provisions of the development plan, which includes a strategy for retail planning, in decisions relating to planning applications. This includes an assessment of what additional retail floor-space may be required in various locations within the functional area of the local authority and over the plan period. 

Retail development is therefore considered by reference to factors including general demand, overall planned development and future population growth as an integral part of the preparation and implementation of planning policy.

However, developing suburbs in some urban areas did not develop as quickly as originally envisaged due to the economic downturn of recent years and this has given rise to some delays in the utilisation of newly constructed commercial properties, pending the completion of originally envisaged residential development.

In addition the Local Government Act 1946 provides that where a property in a county council or urban local authority area is unoccupied on the date of the making of the rate the owner becomes liable for payment of rates. However, the owner is entitled to a refund if the property is vacant for specified purposes. These are where the premises are unoccupied for the purpose of the execution of additions, alterations or repairs; where the owner is bona fide unable to obtain a suitable tenant at a reasonable rent; and where the premises are vacant pending redevelopment. The collection of rates and the determination of eligibility for a refund in this context are matters for each individual local authority.