asked the Minister for Local Government if he will introduce legislation to ensure that where a planning application is granted by him on appeal the applicant may not be prevented from building by the bylaws of a local authority.
Ceisteanna—Questions. Oral Answers. - Planning Regulations.
69.
I do not consider that legislation of this kind is necessary.The grant of a planning permission by either the planning authority or by me on appeal does not absolve the developer from compliance with any building bye-laws in force in the area. This requirement does not usually give rise to any difficulty and many applicants deal with the matter by applying for bye-law approval at the same time as they apply for planning permission.
Is the Parliamentary Secretary aware that this difficulty arises quite frequently and that I am trying in this question to find a way around it? The Parliamentary Secretary will accept that when a favourable decision is given on appeal, with which perhaps all the members of the local authority agree, then somebody decides that all the measurements are not there in the plot for a septic tank —not 40 feet on either side to the adjoining fence—the water supply is then cut off if the building starts? Surely if the Minister gives a planning permission, in law it entitles a person to build the house for which he has a ministerial planning permission? Surely the local authority should not have the right to frustrate the Minister's decision?
The local authority have the right to draw up bye-laws for their own authority, and applications for planning permission are dealt with purely as planning matters. It is only logical that if, in the particular area, there are local authority bye-laws, one of the things the applicant should do at the same time as he applies for planning permission is to apply for bye-law permission as well.
That is normally done, but this is a planning appeal. The Minister gave planning permission on one condition, namely, that when a water supply was available it would be connected to the house. The house is now nearly completed but the local authority have cut off the existing water supply because there was an argument about a septic tank.
That should be no problem for people who have a majority on the local authority, as Fine Gael and Fianna Fáil have in County Dublin.
The Minister does not propose to make any change.