Written answers
Monday, 11 September 2023
Department of Housing, Planning, and Local Government
Planning Issues
Mick Barry (Cork North Central, Solidarity)
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887. To ask the Minister for Housing, Planning, and Local Government if he will make legislative amendments to allow for bicycle storage facilities in front gardens and driveways of terraced homes without having to obtain planning permission; and if he will make a statement on the matter. [37835/23]
Kieran O'Donnell (Limerick City, Fine Gael)
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Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Exemptions from the requirement to obtain planning permission in respect of specific forms of development are provided for when they are considered to be consistent with proper planning and sustainable development. The exemptions provided for in the Planning and Development Regulations are kept under regular review.
The concept of providing a planning exemption for small outdoor bike storage facilities is currently being explored by my Department. If it is considered appropriate, draft legislation will be brought forward. In this regard, it should be noted that under section 262(4) of the Act, legislative proposals in relation to exempted development require the approval of both Houses of the Oireachtas before they can be signed into law.
Patrick Costello (Dublin South Central, Green Party)
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888. To ask the Minister for Housing, Planning, and Local Government to provide a list of all actions taken by his Department regarding the Mulcahy report in relation to planning issues in Donegal between its delivery to his Department in 2017 and August 2023. [37864/23]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Report, entitled 'A Review Into Certain Planning Matters in Respect of Donegal County Council', by Mr. Rory Mulcahy S.C., received by my Department in June, 2017, remains under consideration. The Report is a scoping report and as such it does not make findings as to the truth or otherwise of allegations that have been made by an individual against named persons.
Following an initial analysis and assessment of the Report’s findings and recommendations, the advices of the Attorney General's office on a comprehensive set of queries, including the potential dissemination or publication of the Report, were sought and have been taken into account. I continue to consider the Report and the extensive legal advices received, given that the Report details unproven allegations against named persons.
Where access to the report has been withheld by my Department from Access to Information on the Environment requests or Freedom of Information requests, the decisions by both the Commissioner for Environmental Information (OCE-103174-W9G4J2 (Legacy Reference CEI-18-0019)) of 13 February 2019 and the Information Commissioner (OIC-59426-Q8D7T8) of 27 February 2020, were taken into account.
It should be noted that in each of these cases, both the Commissioner for Environmental Information and the Information Commissioner decided not to grant access to the report. Both decisions are publicly available on those bodies' websites. Further, the Office of the Information Commissioner decision stated "placing the details concerned in the public domain would significantly breach the rights to privacy of identifiable individuals."
This matter is extremely complex and requires very careful consideration. My Department is engaging with various stakeholders on this matter, namely the Attorney Generals Office and the Office of the Planning Regulator. Following this engagement I hope to be in a position to bring a Memo to Government regarding my proposed next steps by the end of the year.
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