Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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222. To ask the Minister for Housing, Planning, and Local Government to publish the letter it issued to Dublin City Council on 12 February 2024 in respect of Martin Savage Park, Dublin 7; and if he will make a statement on the matter. [13351/24]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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As a Statutory Consultee under the Planning and Development Acts, my Department made observations to Dublin City Council on 12 February 2024 within the relevant consultation period in relation to the Part 8 development for Martin Savage Park (Application reference 5032/23).

My Department's observations are accessible in the public domain on the Dublin City Council planning portal which can be found here:

planning.agileapplications.ie/dublincity/application-details/159180 (Under the documents tab and selecting page 15).

As this is a live planning matter, I cannot comment further on it.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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223. To ask the Minister for Housing, Planning, and Local Government the process in which a local authority proposal with a part 8 grant of planning permission is referred to his Department; and if he will make a statement on the matter. [13352/24]

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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224. To ask the Minister for Housing, Planning, and Local Government the process in which his Department issues recommendations to a local authority in respect of a planning proposal that has already received part 8 grant of planning permission; and if he will make a statement on the matter. [13353/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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I propose to take Questions Nos. 223 and 224 together.

The local authority "own development" approval process - commonly referred to as the "Part 8'" process - is set out under section 179 of the Planning and Development Act 2000, as amended (the Act) and the associated Planning and Development Regulations 2001, as amended (the Regulations). The final decision on a Part 8 development proposal is a reserved function of the elected members.

Under Section 30 of the Act, I, as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned. This includes the "Part 8" process.

Where a planning authority is proposing a 'Part 8' development, it is required under article 82 of the Regulations - as part of the wider public consultation process in relation to that development - to notify the Minister with responsibility for Heritage of the proposed development where any heritage aspects may be impacted. This specifically applies under article 82(3)(c) of the Regulations where it appears to the authority that the proposed development:

(i) 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,(ii) might detract from the appearance of a structure referred to in sub-paragraph (i),(iii) might affect or be unduly close to— (I) a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest,(II) a monument or place recorded under section 12 of the National Monuments (Amendment) Act, 1994 (No. 17 of 1994),(III) a historic monument or archaeological area entered in the Register of Historic Monuments under Section 5 of the National Monuments (Amendment) Act, 1987 (No. 17 of 1987),(IV) a national monument in the ownership or guardianship of the Minister under the National Monuments Acts, 1930 to 1994, or(V) might obstruct any scheme for improvement of the surroundings of, or any means of access to, any structure, place, feature or object referred to in sub-paragraph (iii),

In addition, under article 82(3)(n) of the Regulations, the Minister with responsibility for Heritage is required to be notified of the proposed development where it appears to the authority that the development may have significant effects in relation to nature conservation.

Any observations submitted by the Minister as part of the public consultation process are required to be taken into account in the consideration and determination of the proposed development by the local authority and its elected members.

It should be noted that where the elected members have passed a resolution to proceed with a 'Part 8' development proposal in accordance with section 179(4) of the Act, there is no referral or appeal mechanism to my Department available and section 30 of the Act applies. It is a matter for the relevant planning authority to complete the development in accordance with the resolution as adopted, including any variations or modifications to the proposed development as determined by the elected members in the adoption of the resolution in relation to the proposed development.

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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225. To ask the Minister for Housing, Planning, and Local Government the process in which his Department can issue recommendations to a local authority in respect of wildlife protection in advance of a nature impact assessment been undertaken in respect of a proposal that has yet to developed; and if he will make a statement on the matter. [13354/24]

Aodhán Ó Ríordáin (Dublin Bay North, Labour)
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226. To ask the Minister for Housing, Planning, and Local Government what role it has in relation to biodiversity protection and part 8 local authority planning applications; and if he will make a statement on the matter. [13355/24]

Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I propose to take Questions Nos. 225 and 226 together.

Under Article 82(3)(n) of the Planning and Development Regulations 2001, as amended, the Minister with responsibility for Heritage is notified of a proposed development where it appears to the authority that the development might have significant effects in relation to nature conservation. The National Parks and Wildlife Service (NPWS) within my Department is the agency responsible for providing recommendations to the local authority in such circumstances where a proposal for a development has been made.

My Department does provide a pre-application consultation service for prospective applicants or via their consultants intending to make a plan or apply for permission for a project or development. Such consultations or engagement with the heritage sections of this Department are facilitated through the Development Applications Unit.

Jackie Cahill (Tipperary, Fianna Fail)
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227. To ask the Minister for Housing, Planning, and Local Government if any development charges, Uisce Éireann or ESB connection charges can be waivered for an individual who commenced a self-build in March 2022 and who will soon have their build completed; and if he will make a statement on the matter. [13439/24]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
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On 25 April 2023, the Government approved additional measures under the Housing for All Action Plan to incentivise the activation of increased housing supply and help reduce housing construction costs, including the introduction of temporary time-limited arrangements for the waiving of local authority “section 48” development contributions and the refunding of Uisce Éireann water and waste water connection charges.

The schemes apply for 1 year to all permitted residential development that commences on site between 25 April 2023 (the date of the Government Decision approving the measure) and 24 April 2024, and is completed not later than 31 December 2025. Any housing development that commenced prior to the introduction of the schemes is ineligible for the schemes.