asked the Minister for Local Government when it is proposed to introduce amending legislation to the Local Government (Planning and Development) Act, 1963 with special regard to the development at Dublin port.
Ceisteanna — Questions. Oral Answers. - Dublin Port Development.
The port authority are subject to planning control in the normal way except for certain works authorised by a harbour works order made by the Minister for Transport and Power under the Harbours Act, 1946, and some other minor harbour works for which exemptions were provided in the Exempted Development Regulations made by me under the 1963 Act.
It was, however, brought to my notice some time ago that a building development at North Wall extension was undertaken without planning permission and I was informed that permission was not sought because of some legal doubt as to the applicability of the Act to certain reclaimed areas in the vicinity of the port. If such a doubt exists, it will be necessary to promote amending legislation to deal with it; in the normal way, the amendment would be incorporated in the next general Local Government Bill.
The overall position about development in Dublin port has been considered recently by the Government and it was decided, inter alia, to seek an assurance from the board that they, or their lessees or assignees, would not seek to take advantage again of a legal technicality to circumvent the requirements of the Local Government (Planning and Development) Act, 1963, in the matter of obtaining planning permission for building development or other unexempted forms of development. I am informed that this assurance has been sought and obtained by the Minister for Transport and Power.