Written answers

Wednesday, 26 July 2017

Department of Housing, Planning, and Local Government

Foreshore Licence Applications

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1692. To ask the Minister for Housing, Planning, and Local Government the person or organisation that has statutory responsibility for decisions taken by the marine licence vetting committee, MLVC, in the MLVC's assessment of foreshore lease licence planning applications; and if he will make a statement on the matter. [36468/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1693. To ask the Minister for Housing, Planning, and Local Government the person or organisation that appoints persons to the Marine Licence Vetting Committee (MLVC); the process of MLVC member selection, specifically, the person or organisation that appointed the nine members to the original MLVC to assess a planning application (details supplied); the person or organisation that appointed the seven members of the MLVC assessing the foreshore planning application; and if he will make a statement on the matter. [36469/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1694. To ask the Minister for Housing, Planning, and Local Government if all foreshore lease licence planning applications are assessed by the same marine licence vetting committee, MLVC, or if the MLVC members change for each foreshore lease licence application; and if he will make a statement on the matter. [36470/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1695. To ask the Minister for Housing, Planning, and Local Government the specific categories of application relating to foreshore lease and foreshore licence planning applications; the steps involved in the application process for each specific category; the composition of the MLVC necessary for each specific category; and if he will make a statement on the matter. [36471/17]

Photo of Catherine ConnollyCatherine Connolly (Galway West, Independent)
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1696. To ask the Minister for Housing, Planning, and Local Government the way a marine licence vetting committee functions in his Department in view of the fact the assessment instrument to advise him on the issue of foreshore lease licence planning application consents, which is based on various legislation; and if he will make a statement on the matter. [36472/17]

Photo of Eoghan MurphyEoghan Murphy (Dublin Bay South, Fine Gael)
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I propose to take Questions Nos. 1692 to 1696, inclusive, together.

Standard procedures have been developed by my Department that are followed when processing any application under the Foreshore Act 1933, as amended. While there may be differences in the constitution of the MLVC, in different circumstances, these differences were detailed in former Minister Coveney's letter of 12 April 2017 to the Deputy. That letter explained that "the marine licence vetting committee (MLVC) is an ad-hoc multi-disciplinary committee which is convened, as required, for the purposes of undertaking a technical assessment of an application under the Foreshore Act 1933, as amended. It is not established on a statutory basis and members undertake to participate in each instance voluntarily, as representatives of their individual organisations."

This letter also highlighted the different ways in which the MLVC may operate and stated that:

"The committee operates in three different ways:

1. For specific categories of application, the application and supporting documentation will be assessed by either the Chair of the MLVC or a member of the Department’s Water and Marine Advisory Unit (WMAU). Examples include site investigations, one day events, slipways, moorings and other projects deemed to be not significant in nature.

2. Larger projects require the convening of the full MLVC. However, the members may not meet in person. The Chair of the MLVC will correspond with the individual members for their views on the application including any submissions from prescribed bodies and the public.

3. Finally, when it is required, due perhaps to the complexity of the application and its supporting documentation or the volume of information to be assessed, the full MLVC may convene and meet to discuss the application, for example: strategic infrastructure developments."

It was also highlighted that the MLVC is normally chaired by Dr. Terry McMahon of the Marine Institute. However, since the Marine Institute was the applicant in the case referred to, Dr. McMahon was not involved in any way in the assessment process and the MLVC was chaired by Mr. Richard Cronin, Senior Advisor within the Water and Marine Advisory Unit of my Department.

Since participation in the MLVC is voluntary, members are invited to participate rather than being appointed. Members are representatives of their respective organisations and it is up to those organisations to ensure that their staff have the requisite knowledge and expertise to perform their duties including participating in technical evaluations of foreshore applications.

The MLVC makes a recommendation within a report which is included as part of the submission for determination by the Minister with responsibility for making decisions on foreshore applications. It is the Minister for Housing, Planning, Community and Local Government that has the statutory responsibility to make the final determination on any application having taken all relevant information into account.

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