Amendments to planning regulations proposed

Proposed amendments to the planning regulations should simplify the process, the Minister for the Environment, John Gormley, said today.

The Minister for The Environment outlined proposed amendments to the planning and development regulations to the Joint Committee on the Environment, Heritage and Local Government earlier today.

The Planning and Development Regulations 2001 set out more than 50 types of development that are exempt from planning regulations, ranging from extensions and change of use of business premises to the construction of harbours or gas infrastructure.

The decision to include the amendments was taken on the advice of the Attorney General, who identified a possible technical problem within the regulations, between developments exempt from planning permission and ecological protection mechanisms under the habitat regulations.

The exemptions have a range of conditions attached, including the provision that the development should not interfere with ecological interests. In these cases, planning permission would be required, even if the appropriate ecological impact assessment has been carried out to the satisfaction of the Department of the Environment under the habitats legisation. There is no mechanism under the current laws to reinstate that exemption, Mr Gormley said.

"The clear advice from the Attorney General is that this does not represent rational regulation," he said.

The amendments were necessary "for the avoidance of doubt", and to ensure the "continued sound operation" of the exempted development regime, the minister said.

Mr Gormley said problems could arise in relation to the provision of infrastructure that is exempt from planning permission, including the provision of gas infrastructure, such as that involved in the laying of the landfall part of the submarine pipeline for the Corrib Gas project.

He said that subject to certain measures being fully implemented, he was satisfied that the work on part of the Corrib gas line would not affect the integrity of the sites.

Mr Gormley said he wanted to review the foreshore process, as it was based on legislation that was more than 70 years old.

The minister also tackled the issue of enforcement of planning regulations. However, he warned that better enforcement of planning guidelines would need increased funding.

"It is inevitable at this stage that planning fees would have to increase," he said.

Ireland.com

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