asked the Minister for Local Government whether planning permission is required (a) to reclaim land from the sea, (b) to develop or build on land so reclaimed and (c) by Dublin Port and Docks Board in respect of any building works by that Board on its property.
Ceisteanna—Questions. Oral Answers. - Dublin Port Development.
102.
I am advised that reclamation of land from the sea constitutes development within the meaning of the Local Government (Planning and Development) Act, 1963. Planning permission for such work is accordingly required from the planning authority within whose jurisdiction the land lies, unless the work is specifically exempted by the provisions of the Act or the exempted development regulations.
The erection of buildings or the carrying out of other development on reclaimed land requires planning permission unless there is a specific exemption of the type referred to.
There is an exemption for the carrying out by a harbour authority of development such as the construction of docks, quays, wharves, jetties, piers, embankments and breakwaters, where such works are authorised by a harbour works order made by the Minister for Transport and Power under section 134 of the Harbour Acts, 1946. There is, however, no exemption from planning control for the construction by a harbour authority of new buildings such as sheds, transit sheds, transhipment sheds, silos or stores, even though such buildings may be authorised by a harbour works order. Neither is there exemption for the erection of factories or other major structures by any other developer.
As explained in a reply to a question by Deputy Moore on 17th July, 1969, there is some doubt as to the applicability of the 1963 Act to certain areas in the Dublin port. The Port and Docks Board contend that reclaimed areas are not within the jurisdictional area of the city but in May, 1969, they gave an assurance to the Minister for Transport and Power that they would not again seek to evade planning control on these grounds. I am informed that planning permission has accordingly been obtained for buildings erected in the area since that date. The question of removing any doubts regarding the boundary would in the normal way be a matter for consideration in connection with the next general Local Government Bill.