asked the Minister for Local Government if he is aware that there is a certain amount of unauthorised back garden workshop development proceeding in certain residential areas of Dublin; and that the present Planning Acts allow such work to proceed for quite a period despite objections by residents, causing upset and automatic depreciation in the value of property; and if he will make a statement on the matter.
Ceisteanna—Questions. Oral Answers. - Garden Workshop Development.
18.
Complaints have been made to my Department from time to time alleging unauthorised development in residential areas of Dublin city and these have been referred to the planning authority for investigation and action where appropriate in accordance with the provisions of the Local Government (Planning and Development) Act, 1963.
In the case of unauthorised development the planning authority may take prosecution proceedings under section 24 of the Act for failure to obtain permission and may serve an enforcement notice under section 31 of the Act. It is the experience of the corporation that such action usually precipitates an application for permission for the retention of the development. In the event of a refusal of the permission sought an appeal may be made to me. It has also been found in the case of proceedings under section 24, that the courts are reluctant to give a decision pending the outcome of the application for permission for retention of the development or of any appeal that may have been made.
While allegations of unauthorised development are investigated promptly it is inevitable that there be some time-lag before it is decided that the circumstances of the particular case justify prosecution or enforcement proceedings. An unauthorised development may have been carried out in good faith and the Act provides that the developer has the right to have his propostal considered by making a planning application for the retention of the development. I do not think any change in this position would be justified at present.
If complainants feel that they have a strong case it is open to them to seek an injunction from the courts restraining the owner of the works from carrying on the business in such a way as to cause annoyance. If it is a question of noise under section 51 (3) of the Act a notice signed by those affected may be served on the owner of the premises from which the noise emanates and if the noise is continued seven days after the service of the notice proceedings may be taken against the owner.