John McGuinness (Carlow-Kilkenny, Fianna Fail)
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1962. To ask the Minister for Agriculture, Food and the Marine if approval will be issued to a forestry access road application by a person (details supplied). [14501/21]

Charlie McConalogue (Donegal, Fianna Fail)
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An application for a forest road works licence was accepted on behalf of the person named in December 2019.  The relevant local authority was asked for their opinion by my Department on the application and they responded that the development could result in a traffic hazard and that it appeared that planning permission was required for a forestry entrance at the location.  The applicant and their registered forester were informed of the opinion of the local authority. The applicant was then asked to supply either evidence of grant of planning or a letter from the local authority to show that the development was exempt from planning. 

In September last year, the registered forester provided an email from the local authority which the authority emphasised was only advisory.  It advised that if an official response from the Planning Authority was required, a Section 5 Exempted Development Declaration must be submitted.  The exemption referred relates to an amendment to Planning and Development Act that came into force in February, 2020.

This amendment made my Department the sole consenting authority for forest roads instead of the local authority, where the entrance from the forest road opens onto a public road, or includes material widening of an existing entrance.  However, the amendment does not apply to this application as the application was made before the new legislation.  It therefore remains the case that the applicant must supply evidence of planning permission from the local authority or an official letter from the local authority that the development is exempt from planning. 

In the absence of this, the applicant has the option of withdrawing this application and making a fresh application under the new  single consent procedures whereby my Department is the sole consenting authority.