asked the Minister for Local Government if he will state in respect of the Register of Unauthorised Structures kept by the Dublin Corporation (a) the date upon which the Register was opened, (b) the number of structures entered on it, (c) the purpose of maintaining it, and (d) the sanction which the Corporation may apply in respect of such structures, and the relevant legal authority.
Ceisteanna—Questions. Oral Answers. - Unauthorised Structures.
48.
Mr. Ryan
I am informed that the earliest date recorded in the Dublin Corporation's Register is 11th April, 1951, that the number of structures entered in the Register is 399 and that the Register is maintained for the purpose of recording particulars of premises which have been erected or altered without permission under the Town and Regional Planning Acts. As regards the last part of the question, the position is that if a planning scheme made by the Corporation under those Acts had come into force, any provision contained in the scheme requiring the removal or alteration of an unauthorised structure could have been enforced under those Acts without payment of compensation.
Mr. Ryan
Am I to understand that if the plan does not come into force, there is no sanction which can be brought against the person who erected those unauthorised structures and that accordingly there would appear to be no purpose in continuing to maintain the regulation?
Yes, there is. From the appointed day in relation to the 1963 Planning Act, anything unauthorised may be removed without compensation being given. In the meantime, there is the option of appeal.
Mr. Ryan
Would that not involve retrospective legislation, which the Constitution forbids?
Not at all. Do not tell me you are having another little go at it yourself.