Written answers

Wednesday, 3 March 2021

Department of Housing, Planning, and Local Government

Planning Guidelines

Photo of Joe FlahertyJoe Flaherty (Longford-Westmeath, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

336. To ask the Minister for Housing, Planning, and Local Government if he will consider replacing a previous condition in the planning regulations which was removed to allow homeowners to rebuild fire-damaged homes to the same specification without recourse to planning permission (details supplied). [11452/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

Under planning legislation, all development requires planning permission unless it is specifically exempted development. In this regard, section 4 of the Planning and Development Act 2000, as amended (the Act) and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations.There is no specific exemption provided for fire damaged properties in either the Act or the Regulations.

Where a question arises on whether development is or is not development, or is or is not exempted development, any person may seek a declaration from the planning authority under section 5 of the Act. A planning authority that is in receipt of a section 5 application is required to make its decision in respect of the application within four weeks of the date of receipt of the application. A decision made by a planning authority in respect of such an application may be appealed to An Bord Pleanála.

Section 193(1) of the Act contains a special provision for structures substantially replacing structures demolished or destroyed by fire. Compensation may be claimed from a planning authority where there has been a refusal of permission for the erection of a new structure substantially replacing a structure (other than an unauthorised structure) which has been demolished or destroyed by fire, or where a condition has been imposed that the new structure may not be used for the purpose for which the demolished or destroyed structure was last used. Compensation may also be claimed if a condition has been imposed resulting in the new structure or the front thereof, or the front of an existing structure (other than an unauthorised structure) which has been taken down in order to be re-erected or altered, being set back or forward.

Under section 193(2) of the Act, a dispute or question between a property owner and a planning authority as to whether a new structure substantially replaces a demolished or destroyed structure shall be referred to An Bord Pleanála.

Comments

No comments

Log in or join to post a public comment.