469. Deputy Roderic O'Gorman asked the Minister for Housing, Local Government and Heritage if he will consider adding public art as planning exempt under the revisions of the Planning and Development Regulations 2001 (details supplied). [51361/26]

All development, unless specifically exempted under the Planning and Development Act 2000, as amended (the Act of 2000), or the associated Planning and Development Regulations 2001, as amended (the Regulations of 2001), requires planning permission.

Public art, including street art such as the painting of a gable wall or front façade of a building or structure, on private structures or lands and which results in a material change to the character of that building or structure (regardless of quality or content) requires planning permission. In some cases, murals may be presented as public art but may contain promotional or advertising material, albeit of a more subtle nature.

In certain instances, under section 4(1)(f) of the Act of 2000, public street art may be exempted from the requirement to secure planning permission if it is carried out on behalf of, or jointly or in partnership with the relevant planning authority. In such cases, the street art will be approved by way of a written agreement or contract.

There is a balance to be struck in providing for exemptions from planning permission, between streamlining the consent process for minor works and supporting proper planning and sustainable development, including the need to ensure adequate third-party participation rights as necessary.

It is not currently proposed to amend the existing planning exemptions further as there may be consequences for the character, visual and residential amenity, architectural heritage, and public and traffic safety of residential areas, which would all be relevant in individual cases, with no opportunity for public participation.