Written answers

Thursday, 1 October 2020

Department of Housing, Planning, and Local Government

Local Authority Functions

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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155. To ask the Minister for Housing, Planning, and Local Government his views on issues in the Part 8 process since the amalgamation of north and south Tipperary county councils in circumstances in which county councillors have proposed and seconded social housing projects in parts of a county that they are unfamiliar with and have no local knowledge of; if Part 8 developments should only be proposed and seconded by local authority members within the relevant municipal districts; and if he will make a statement on the matter. [27774/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The provisions in relation to proposed local authority "own development" projects - commonly referred to as Part 8 projects - are provided for in Section 179 of the Planning and Development Act 2000, as amended (the Act) and Part 8 of the Planning and Development Regulations 2001, as amended.

Under these provisions, a planning authority is required to advertise its proposals for such developments and to invite submissions and observations from members of the public as well as from the relevant statutory bodies in respect of such proposals. Under section 179(3) of the Act, the Chief Executive of the local authority is also required to submit a report on the proposed development, taking account of the public submissions received, for consideration of the elected members of the Council. The report of the Chief Executive must include a description of the nature and extent of the proposed development, the principal features thereof, an appropriate plan of the plan of the proposed development and an appropriate map of the relevant area.

The Part 8 proposals, together with a copy of the Chief Executives report, are ultimately required to be submitted to the elected members of the Council for consideration, who may, as a reserved function, resolve to accept, modify or reject the Chief Executive's recommendation on the proposed development. These arrangements in relation to Part 8 projects, as approved by the Oireachtas in the legislative process in the enactment of the Act, apply equally to all local authorities irrespective of their size and I have no plans to amend them.

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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156. To ask the Minister for Housing, Planning, and Local Government the reason Irish Water has no input in the Part 8 process when Irish water must be notified by the council of all private developments; his views on whether Irish Water should have input on all Part 8 applications; and if he will make a statement on the matter. [27776/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Local authority "own development" projects, commonly referred to as Part 8 projects, are provided for in Section 179 of the Planning and Development Act 2000, as amended, and Part 8 of the Planning and Development Regulations 2001, as amended (the Regulations). 

Under Article 82(3)(v) of the Regulations, a local authority is required to send notice of a proposed Part 8 development to Irish Water where it appears to the authority that the development might impact on the provision of public water services.    

Under article 81 of the Regulations, a local authority is also required to publish a notice of the proposed development in an approved newspaper and invite submissions from the public with respect to the proposed development, dealing with the proper planning and sustainable development of the area in which the development would be situated.

It is therefore open to Irish Water to make a submission or observation in writing to a local authority in relation to any proposed Part 8 development where it may have concerns regarding any such proposed development.  Under the Part 8 procedures, all submissions or observations received are required to be taken into account by the local authority and its elected members in their further consideration of the proposed development.

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