Written answers
Tuesday, 5 November 2024
Department of Housing, Planning, and Local Government
Planning Issues
Paul Murphy (Dublin South West, RISE)
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612. To ask the Minister for Housing, Planning, and Local Government if he plans to amend the legislation relating to S. 254 licences under the Planning and Development Act 2000, given the way it is currently being used to erect phone masts without site notices; his views on whether that site notices should be mandatory for applications to erect site notices for phone mast erection; his views on whether submissions and representations should be able to be made to any S. 254 application; and his further views on whether a stay on any works should be mandatory if an appeal is lodged to An Bord Pleanála in relation to such an application. [45152/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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The Planning and Development Act 2024 (“Act of 2024”) was signed into law by the President of Ireland on 17 October 2024. My Department is currently putting arrangements in place to implement a phased commencement of the Act of 2024 to facilitate the transition to the new legislation across the planning system, taking into account the need to liaise with local authorities, planning bodies and other stakeholders.
It should be noted that the existing provisions in the Planning and Development Act 2000 (“Act of 2000”) will remain in place until the relevant provisions in the Bill are commenced.
Section 254 of the Act of 2000 will be replaced by section 13 and 14 of the Act of 2024 on commencement of those sections. Section 13(4)(b) of the Act of 2024 was added at Seanad Report stage to include a Regulation making power for the Minister to prescribe certain classes of licence requests as requiring public notification. This amendment takes account of input at Seanad Committee Stage in relation to licences for telecommunication masts and ensures that there is a public notification process for such licence applications. I am satisfied that the Act of 2024 addresses the issues raised and should alleviate any such concerns.
Seán Canney (Galway East, Independent)
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613. To ask the Minister for Housing, Planning, and Local Government the way An Bord Pleanála notifies prescribed bodies of planning applications; if files are sent by soft copy or hard copy; the way the notification is recorded; if the process of notifying prescribed bodies has changed in the past; if so, the reason the change was made; if the HSA was a prescribed body for strategic infrastructure development under the regulations of the Planning and Development Act 2000; if An Bord Pleanála keeps a checklist of the prescribed bodies have been notified for strategic infrastructure developments; and if he will make a statement on the matter. [45154/24]
Darragh O'Brien (Dublin Fingal, Fianna Fail)
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An Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.
Under Article 215 of the Planning and Development Regulations, the Health and Safety Authority (HSA) is a prescribed body for specific Strategic Infrastructure Developments listed in Schedule 8 in relation to 'major accidents'. The additional information requested is not held by my Department as notification of prescribed bodies in relation to planning applications is a matter for An Bord Pleanála.
Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is .
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