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Dáil Éireann debate -
Thursday, 5 Feb 1970

Vol. 244 No. 2

Ceisteanna—Questions. Oral Answers. - County Dublin Concrete Plant.

42.

asked the Minister for Local Government if he is aware that the Rockville, Marian Park and Castlebyrne Park Residents' Associations and the Avoca and Kingstown School Limited have strongly objected to the planning authority concerning the proposed development of a major ready-mix concrete plant and distribution centre at Newtownpark Avenue, Blackrock, County Dublin, in alleged contravention of the original planning permission given for this site; if he will give details of the report requested by him on 17th December, 1969, from the planning authority; and if he is aware of representations that this development would also be contrary to local housing, road traffic, water and sewage amenities.

43.

asked the Minister for Local Government if he is aware of further representations which have been made by the Rockville Residents' Association and the Avoca and Kingstown School Limited and additional information furnished by them to the Planning Officer of the Dún Laoghaire Corporation and the Dublin County Council; and if he will ensure that the permission granted for a concrete block plant at Newtownpark Avenue is not exceeded by the establishment of a ready-mix liquid cement plant on the site.

44.

asked the Minister for Local Government if he is aware that pending a planning permission decision a company (name supplied) has been erecting plant and machinery on the premises for which the permission is sought at Newtownpark Avenue, Blackrock, County Dublin; what action he intends taking in the matter; and when he will be in a position to give a decision in relation to the permission sought.

With your permission, a Cheann Comhairle, I propose to take Questions Nos. 42, 43 and 44 together.

I am aware of the objections and representations by the bodies referred to in these questions in connection with the proposed development at Newtownpark Avenue, Blackrock. I received on 29th December, 1969, the report which I requested from the planning authority but it has been overtaken by events since then. The position now is that this development was the subject of a reference to me received on the 22nd January 1970, under section 5 of the Local Government (Planning and Development) Act, 1963, by Dublin County Council as planning authority for a decision as to whether the contemplated use of the site by Ready-Mix (Éire) Ltd. in the manner proposed is or is not development or exempted development within the meaning of the Act. Because of the public interest in the matter the planning authority have requested that an oral hearing be held for the purpose of giving evidence in connection with the reference and I have granted this request. Before the oral hearing is held all the parties concerned must, under the statutory regulations, be given an opportunity of furnishing any observations they wish to make on the reference and they have been written to accordingly. I would hope that the oral hearing would be held at an early date but its arrangement depends on the response from the parties concerned to my request for any observations they may wish to make.

Can the Minister ensure that, pending the oral hearing, no work will be carried on there which will militate against the physical well-being of the residents or other people by reason of the effects of pollution of one sort or another from the actual premises?

That is a matter for the local authority but any person or persons in a position such as this would obviously be very unwise to undertake any substantial expenditure when there is the possibility of the whole undertaking being declared to be in contravention of the Planning Act and, therefore, the possibility of it becoming necessary at a subsequent date to have to undo the work already done.

May I put it to the Minister——

I can answer Deputy Cosgrave's question, too. The Deputy cannot ask a question in the middle of my replying to Deputy Cosgrave.

I thought the Minister was finished. Is he?

I was replying to a supplementary.

Let me put the matter to the Minister in a stronger manner. This company, Ready-Mix, have shown complete contempt for the Minister, his Department and Dublin County Council by proceeding with substantially enlarging their premises and proceeding with the very work which would be regarded as contrary to planning permission. They are, therefore, completely ignoring an oral hearing. Would the Minister make some effort in the interim to instruct this company to cease erecting the massive substantial major plant they are now constructing?

As I said, this is a matter for the local authority. This matter was referred to me for a decision as to whether or not it is a development requiring planning permission or whether it is exempted development. If the company expend money which turns out to have been wasted that is their look out, not mine, and there is nothing I can do about that.

It will be like St. Stephen's Green where you will be coming back for the payment of £200,000 for senior counsel.

If this development is ruled to be a development requiring planning permission and if the planning permission should not eventually be forthcoming, then any expense incurred by the company will be their own loss. I cannot give a decision except in accordance with the statutory regulations.

One final question in relation to this sordid attempt by the company mentioned to overcome the Planning Act. I am sure the Minister is aware that this company have expended quite a lot of money on the installation of plant and machinery. If his decision is against giving permission to this company will they be forced to take down existing structures?

At this stage I am not called on to give a decision for or against the proposal. My decision is as to whether or not it is a proposition for which they must seek planning permission. Of course, if the decision is that planning permission must be sought, then the work must stop until such time as planning permission is obtained.

The company have, in fact, built a lot of their silos and so on and are actually building at the moment. Surely there is some provision to prevent them continuing with their present operations?

Not by the Minister for Local Government.

Can the Minister prevail on the local authority to prevent this?

If it eventually turns out that permission is not granted for this project, then all that work will have to be undone.

That is very satisfactory.

Can the Minister say if the oral hearing will be in public?

Yes, it will.

In view of the fact that planning permission has been refused by Dublin County Council and this company have been advised to cease operations by the staff of Dublin County Council could the Minister now even drop a note to the company saying they may incur grave consequences if they proceed with this work?

The company are well aware of the position and it will be their misfortune if they have to undo this work which has been done. It will be their loss.

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