Dáil Éireann Debate, Tuesday - 25 April 2023
323. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on introducing regulations concerning the use of rock-breaking equipment for the purposes of re-contouring and enlarging agricultural land. [19184/23]
View answerCertain types of agricultural activities may be considered exempted development under the Planning and Development Act 2000, as amended (the Act), or the Planning and Development Regulations 2001, as amended (the Regulations).
Article 8C of the Regulations specifies that land reclamation works consisting of re-contouring of land, including infilling of soil (but not waste material) within a farm holding, can qualify as exempted development.
An environment impact assessment (EIA) may be required before farmers undertake certain types of development on their land. This falls under the remit of my colleague, the Minister for Agriculture, Food and the Marine, whose Department examines and screens the proposed activities, free of charge, for environmental impact to determine if works can proceed without the need for an EIA.
More details can be found on the Department of Agriculture, Food and the Marine (DAFM) website at:
www.gov.ie/en/service/161a7-environmental-impact-assessment-screening-service/.
including a link to DAFM’s Guide for Farmers –Environmental Impact Assessment (Agriculture) Regulations at
www.gov.ie/en/publication/5c8ed-advice-for-farmers-on-environmental-impact-assessment-regulations/.
In circumstances where an application for planning permission is required, such as where environmental impact assessment is deemed to be necessary, an application is made to the relevant planning authority under section 34 of the Act. When making a decision on a planning application, a planning authority is required to have regard to the particular local circumstances of the proposed development and may attach appropriate conditions to the permission on a case-by-case basis.
Section 34(4)(c) of the Act enables planning authorities to attach conditions to a planning permission requiring the taking of measures to reduce or prevent –
• the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in the neighbourhood, or
• the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site.
The decision of a planning authority on a planning application may be appealed to the Board under section 37 of the Act.
Under section 30 of the Act, as Minister with responsibility for planning I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned.
