Written answers

Tuesday, 14 December 2021

Department of Housing, Planning, and Local Government

Planning Issues

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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262. To ask the Minister for Housing, Planning, and Local Government if a county council must erect site notices, display pending documents and applications on their websites for section 254 licences and allow observations; and if he will make a statement on the matter. [61313/21]

Photo of Peter BurkePeter Burke (Longford-Westmeath, Fine Gael)
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Under Section 254(7) of the Planning and Development Act 2000, as amended (the Act), development carried out on public roads in accordance with a licence under section 254 shall be exempted development for the purposes of this Act. Therefore, the normal procedures regarding planning permission do not apply.

It should be noted that this exemption from planning is removed under Section 4(4) of the Act for cases where the proposed development requires Environmental Impact Assessment or Appropriate Assessment. In addition, the exemption is also removed under Section 57 of the Act for cases where development would materially affect the character of a protected structure, or any element of the protected structure which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest.

In such cases where full planning permission is required, this process would include the erection of site notices, the placing of newspaper advertisements, making planning application documentation available for inspection in planning offices and online, and for the making of submissions by the public.

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