andMr. Boylan asked the Minister for Local Government if he is aware that it is proposed to set up a motor racing circuit at Donore, Carragh, Naas, County Kildare; that 35 families living in the area are very disturbed that their rights have apparently been ignored; that the planning notice (details supplied) refers to the establishment of a motor racing circuit in the townland of Landenston; but that permission was given to set it up in the townland of Donore; if the original permission sought was modified by Kildare County Council under section 30 of the Local Government (Planning and Development) Act, 1963; and if he will have this matter investigated as people living in Donore did not protest because they were misled by the planning notice.
Ceisteanna—Questions. Oral Answers. - Kildare Motor Racing Circuit.
I understand from Kildare County Council, who are the planning authority for the area, that a memorandum objecting to this development was lodged with them after they had granted outline permission. The memorandum was signed by 36 persons. An appeal had earlier been lodged with me against the decision to grant the outline permission but the appeal was later withdrawn. I am informed that the planning authority, when considering the application, took the view that the newspaper notice referred to was defective in that it did not describe the location of the site correctly. The planning authority, I understand, accept that further public notice was given by the erection on the site of a notice which described the location and nature of the proposed development and this has been accepted as proper notice by the authority.
I understand further that an order deciding to grant approval to the detailed plans to the first stage of the project was made on 9th November and that notice of intention to apply for this approval was given by way of notice on the site. In view of the complaints alleging the inadequacy of the earlier notice of intention to apply for outline permission and the fact that despite evidence of considerable local opposition the only valid appeal made to me against the grant of outline permission was withdrawn and as there was no appeal against the approval of the detailed plans, I am having inquiries made as to whether the regulations were complied with.
I may say that generally I am not satisfied with the present position regarding planning applications in regard to which inadequate or misleading notice is given and I am considering whether improvements can be made.
The planning authority may take action under section 30 of the 1963 Act towards modification or revocation of the outline permission granted. I understand that so far this has not been done in this case.
Would the Minister be able to state whether, if the local authority took action under section 30, they would be liable?
My understanding is that they would be liable for any expenses in regard to the preparation of plans that have been incurred by the proposers.
Would they be liable to pay compensation?
No. The position in regard to compensation would be the same as if the revocation notice had been a refusal of permission for the original proposal. They would be in the same position in regard to compensation as if they refused the application.
Supposing they bought between the time of outline permission and now, does compensation then arise?
No. My understanding is that they would only be liable for compensation for expenses incurred in preparing the proposal.
Is the Minister aware that one of those who applied after the original objection, a Mr. Richard Murphy, had his letter passed back to the motor circuit people? Would that not constitute a valid objection in the normal course?
The only objection that was valid, in the sense that it was submitted within the statutory time, was later withdrawn. There were other objections, but they were all late.