Barry Cowen (Offaly, Fianna Fail)
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288. To ask the Minister for Housing, Planning, Community and Local Government his plans to update the Planning and Development Act 2000 in relation to short term accommodation use of private residential dwellings; and if he will make a statement on the matter. [32145/16]

Barry Cowen (Offaly, Fianna Fail)
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289. To ask the Minister for Housing, Planning, Community and Local Government his plans to update planning regulations in view of a decision by An Bord Pleanála (details supplied); the timeframe for any such update; and if he will make a statement on the matter. [32146/16]

Barry Cowen (Offaly, Fianna Fail)
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290. To ask the Minister for Housing, Planning, Community and Local Government if he has considered the implications of any proposed changes to planning legislation and regulations in relation to short term accommodation stays on existing bed and breakfast arrangements; and if he will make a statement on the matter. [32147/16]

Simon Coveney (Cork South Central, Fine Gael)
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I propose to take Questions Nos. 288 to 290, inclusive, together.

Article 10(4) of the Planning and Development Regulations 2001-2015, dealing with change of use exemptions, provides that development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted from the requirement to obtain planning permission under the Planning and Development Act 2000, as amended, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.

The interpretation and application of enactments relating to exempted development in any particular case is a matter for the planning authority concerned, or An Bord Pleanála on appeal or referral. Similarly, responsibility for enforcement action in relation to any breach of the planning code is a matter for individual planning authorities, under Part VIII of the 2000 Act. Section 30 of that Act specifically precludes me from exercising any power or control in relation to any particular case, including enforcement, with which a planning authority is or may be concerned.

However, in the context of the recent determination by An Bord Pleanála in relation to the exclusive use of an apartment for short-term commercial letting purposes through a dedicated website, I have asked my Department to examine the decision and consider the appropriate steps that might need to be taken, including the provision of statutory planning guidelines, with a view to providing clarity and ensuring consistency of approach by all planning authorities in terms of the planning requirements for such commercial lettings.