Written answers

Wednesday, 21 April 2021

Department of Housing, Planning, and Local Government

Planning Guidelines

Photo of Mattie McGrathMattie McGrath (Tipperary, Independent)
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732. To ask the Minister for Housing, Planning, and Local Government the reason An Taisce is a prescribed body in the planning process; the membership and directorship of An Taisce; if he has concerns regarding its remit and ability to cause huge delays to developments of significant importance to the farming community in the south east based on ideological grounds; and if he will make a statement on the matter. [19289/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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An Taisce - the National Trust for Ireland - was initially designated as a precribed body within the planning system by way of the Local Government (Planning and Development) Act, 1963, (Miscellaneous) Regulations, 1964 - (S.I. No 219 of 1964).

The current prescribed functions in relation to the participation of An Taisce within the planning system are set out in the Planning and Development Act 2000, as amended (the Act) and the Planning and Development Regulations 2001, as amended (the Regulations).

In this regard, under article 28(1) of the Regulations, a planning authority is required to send notice to An Taisce on receipt of a planning application where it appears that:

- the land or structure is situated in an area of special amenity;

- the development would involve the carrying out of works to a protected structure or proposed protected structure, or to the exterior of a structure which is located within an architectural conservation area;

- the development might affect or be unduly close to a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest;

- the development might affect or be unduly close to a monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994, a historic monument or archaeological area entered in the Register of Historic Monuments under section 5 of the National Monuments (Amendment) Act 1987 or a national monument in the ownership or guardianship of the Minister under the National Monuments Acts 1930 to 2004;

- the development might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to above;

- the development might have significant effects in relation to nature conservation;

- the development relates to development for the purposes of initial afforestation or the replacement of broadleaf high forest by conifer species.

Under article 28(2)(b) of the Regulations, any submission or observation made by a prescribed body to the planning authority in relation to a planning application before the decision is made is required to be taken into account by the planning authority in making its decision on the application.

An Taisce is a registered charity which is governed by a board of directors and members may join the organisation on payment of the necessary fee. As Minister, I have no statutory function in relation to the operations of the organisation. Further information on the organisation may be found at /.

Furthermore, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned, except in very specific circumstances, which do not apply to this case. This includes cases where An Taisce makes a submission or observation on any proposed development.

Photo of Fergus O'DowdFergus O'Dowd (Louth, Fine Gael)
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734. To ask the Minister for Housing, Planning, and Local Government if he will outline responses with regard to the enforcement of the new short-term letting regulations in counties Louth, Meath and Dublin (details supplied) by county in tabular form; and if he will make a statement on the matter. [19355/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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My Department requests extensive Short-Term Letting data returns from local authorities on a quarterly basis and will be writing to local authorities in the coming days requesting returns for Q1 2021.

Some of the specific statistics requested are outlined in the table below, covering the period until the end of Q4 2020. However, under the Short-Term Letting arrangements, local authorities are not required to identify and report on the number of short-term lets returned to residential use. Additionally, fines can only be issued following successful prosecution, and as no prosecutions have yet been secured, no fines have been issued.

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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736. To ask the Minister for Housing, Planning, and Local Government the protocols and rules in place by his Department or local authorities, if any to determine the allocation and construction of (details supplied) per town and village in any particular county; and if he will make a statement on the matter. [19377/21]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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Local authorities consider many factors when deciding on the location and volume of housing developments in their area. The zoning of land at particular locations is an exercise undertaken as part of the overall statutory development plan function under sections 9-13 of the Planning and Development Act, 2000 (as amended). Under this legislation, the decision to zone land for development is specifically a reserved function of the elected members of the planning authority and this includes the zoning of lands for residential development in order to meet the identified housing needs of the local authority.

In preparing the development plan, the consideration and decision on what particular lands to zone for housing is therefore taken by the elected members and is required to be consistent with national and regional planning policy and legislation, including as identified in the National Planning Framework, Regional Spatial and Economic Strategies and Ministerial planning guidelines.

In order to ensure that housing development can take place on lands that are zoned for development, national policy is that planning authorities would identify and zone lands that are serviced, and, lands that are considered serviceable within the timescale of the plan. It is important that zoned land can be developed as intended, as planning authorities must ensure that there is sufficient residential land available to meet identified housing needs.

Decisions relating to the location of social housing within local authorities is matter for individual local authorities, having regard to the social housing targets and the identified need for social housing in the various locations.

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