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Dáil Éireann debate -
Thursday, 18 Nov 1954

Vol. 147 No. 6

Ceisteanna — Questions. Oral Answers. - Dalkey House Site.

asked the Minister for Local Government if he will state whether on 23rd September, 1947, he confirmed, on appeal, the refusal of the Council of the Borough of Dún Laoghaire to grant permission for the erection of a house on a site at Vico Road, Dalkey, and, if so, if he will state the grounds on which the council refused permission and the grounds on which he confirmed the refusal; further, whether his determination is final or whether the council may revoke their decision refusing permission to build without reference to him and in disregard of the grounds on which he determined the appeal.

On the 23rd September, 1947, the then Minister for Local Government determined an appeal against the decision of the planning authority in this case, which decision was made on the ground that the proposal would be contrary to the council's policy that no more houses should be permitted between the Vico Road and the sea. The refusal of permission was confirmed on appeal because the Minister considered that the proposed house would seriously detract from the scenic amenities of the area.

Section 59 (3) of the Town and Regional Planning Act, 1934, provides that the determination by the Minister of an appeal is final on that particular appeal. It is, however, open to a proposer or any successor of such proposer to submit further proposals on which the local authority is free to decide afresh and on which the Minister has appellate jurisdiction if any appeal against such decision is made to him.

Can the Minister say whether, in view of the fact that the refusal of the town planning authorities was originally based on council policy, there was any decision to change that policy before they subsequently gave permission to build on that site?

I am not in a position to say.

Further, can the Minister state is it now to be regarded as the position that in regard to the policy of a council under the Town Planning Acts where a decision is made and, on appeal, confirmed by the Minister it is possible by what amounts to a very hurried meeting to get that whole policy reversed and without any proper regard to the interests of the public in this matter?

That is not so. Each appeal is taken separately. Once a decision is given by the Minister that is final but, if new plans are submitted which differ from the original plan, then a fresh appeal will lie to the Minister from any decision of the local authority.

Will the Minister say if there is any provision to protect the public by way of appeal as against the individual?

Oh, yes. The public have the right of audience and the right of appeal.

If they know the decision.

If they know.

If they do not know the decision?

I take it the members of the local authority would have a representative at the appeal.

They should.

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