asked the Minister for Local Government whether the elected members of a county council have power to direct a county manager not to take action against a person who carries on business in a zoned residential area in contravention of planning requirements; if so, the source of such power; and, if not, what redress is available to members of the public against county councillors so directing a county manager or against a county manager who in pursuance of such a direction fails to take action against a person offending against planning requirements.
Ceisteanna—Questions. Oral Answers. - Business Premises in Residential Areas.
10.
Subject to certain specified exceptions, section 4 of the City and County Management (Amendment) Act, 1955, empowers the elected members of a county council by resolution to require the manager to perform any executive function in accordance with their wishes, provided that what they want done can lawfully be done and that money for the purpose has been provided. This power applies generally to enforcement proceedings under the Local Government (Planning and Development) Act, 1963. As regards the second part of the question, section 22 of the Local Government (Planning and Development) Act, 1963, places a statutory duty on a planning authority to take such steps as may be necessary for securing the objectives which are contained in the provisions of their development plan. Failure to carry out this statutory duty could render the planning authority liable to civil proceedings. In addition, it is open to any person to bring a prosecution for an offence under section 24 of the 1963 Act.