Michael Moynihan (Cork North West, Fianna Fail)
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178. To ask the Minister for Housing, Planning, Community and Local Government the number of planning applications for individual houses that have been refused on the basis of house design in 2016 in counties Cork, Kerry and Limerick; and if he will make a statement on the matter. [24993/17]

Simon Coveney (Cork South Central, Fine Gael)
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Planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website at the following link: .

These statistics include data in respect of each planning authority on the number and percentage of decisions to grant or refuse permission.  However, the statistics gathered do not include information on reasons for refusal, as referred to by the Deputy.

Martin Heydon (Kildare South, Fine Gael)
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179. To ask the Minister for Housing, Planning, Community and Local Government the options open to owners of sandpits who did not engage with their local authorities during the substitute consent period arising from the Planning and Development (Amendment) Regulations 2012 but are now trying to apply for planning permission for reinstatement of their sandpits without success; and if he will make a statement on the matter. [25044/17]

Simon Coveney (Cork South Central, Fine Gael)
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The July 2008 Judgment of the European Court of the Justice (ECJ) in case C-215/06 found that provisions of the Planning and Development Act 2000 (the 2000 Act) which permitted applications  for planning permission to retain existing developments requiring environmental impact assessment (EIA) or appropriate assessment, were contrary to EU law.  However, the Judgment recognised that EU law cannot preclude national rules providing for the regularisation of developments in exceptional circumstances, provided that this does not facilitate the evasion of EU requirements. 

The 2000 Act was amended in 2010 to bring the provisions relating to planning applications for retention of certain development into line with the ECJ Judgment.  In addition, section 261A was inserted into the 2000 Act in 2010, requiring each planning authority to examine all existing quarries in its functional area during a 9-month period to determine whether EIA, a screening for EIA or an appropriate assessment should have been, but was not, carried out.  Where a planning authority determined that a quarry came within this category, the authority was required to make a further decision in relation to the quarry's planning status, including its registration status.  Following from this, the planning authority had to either direct the quarry operator to apply to An Bórd Pleanála for substitute consent for the quarry under a new Part XA of the 2000 Act or take enforcement action requiring the quarry to cease operations. 

In the case where a quarry has ceased operations following enforcement action, it is open to the quarry operator to consider seeking leave from the Board under section 177C to apply for substitute consent for the development under Part XA of the 2000 Act.  Section 177C relates to existing or ongoing development generally and enables leave to be sought to apply for substitute consent where, among other situations, the applicant is of the opinion that, having regard to exceptional circumstances, such an application may be appropriate to permit the regularisation of the development.  Section 177D(2) of the 2000 Act sets out the matters to which the Board must have regard in considering whether exceptional circumstances exist.  

The substitute consent process under Part XA of the 2000 Act involves the preparation of a remedial environmental impact statement or a remedial Natura impact statement, or both as appropriate, stating the significant effects of the development on the environment or the European site concerned, the remedial or mitigation measures taken or proposed to be taken in relation to those effects and a timescale for the taking of such proposed measures.