asked the Minister for Local Government why his decision on a planning appeal (details supplied) has not been enforced by Dublin Corporation.
Ceisteanna—Questions. Oral Answers. - Planning Appeals.
172.
Under the Local Government (Planning and Development) Act, 1963, enforcement of planning control is a matter for the appropriate planning authority in the first instance, who, I understand, are investigating the case.
Surely the Minister will agree, following on what Deputy Paudge Brennan has said, that this is a ridiculous situation. A firm apply for permission to erect a building. They get it under certain conditions and, following an appeal to the Minister, an additional condition is put in and the firm proceed to carry out their building completely ignoring the Minister's condition. In this case the matter was brought to the notice of the planning authority on a number of occasions and although the Minister's appeal was earlier in the year, several months ago, on 12th July the planning office notifies the appellant that "the recommendation of the Dublin planning officer regarding the course of action to be taken on your complaint is still awaited". This is from the planning office. In other words, the planning officer has written to himself and asked himself what he is going to do about this, and since he has not replied nothing has been done about it. Would the Minister not agree that if this is going to be allowed there is no point in anybody applying for planning permission? People will go back to what they did before, building their buildings in any way they like under any conditions they like. Why should anybody go to the trouble of appealing——
They could take the risk but they would have to answer to the courts——
There is no risk involved.
The local authority have the power to ensure that the permission as granted is carried out. If the applicant does not complete the building according to the conditions in the permission, they have power, as I have stated, to enforce compliance with those conditions. The applicant can be brought before the court and it can be decided there. This particular case is being examined at present to see whether or not building has been carried out according to the permission granted and what steps should be taken subsequent to the examination, and I think we should leave it for the time being. I do not want to go into it now, not knowing the full facts of the case.
The Minister must know that if he gives a decision, for instance, in this case that no stuff was to be taken out——
I am not going to judge an individual case at Question Time in the Dáil. It is unfair that this should be gone into in such detail.
The Minister may say it is unfair but he is not getting out of it as handy as that. I do not know who the applicant is, but this is something which has been happening all over the country and I want to pin the Minister down to know what is going to be done in this case. Somebody does not carry out a regulation which the Minister lays down, and Dublin Corporation, for some reason or other, do nothing about it, although it was brought to their notice half a dozen times. Is it any use for the Minister to tell me that the corporation have the authority? I know they have the authority but who is going to make them exercise that authority if they are not prepared to do so?
The local authority in this case have never said they were prepared to exercise their authority.
They have done nothing about it.
They certainly have. They are investigating whether enforcement proceedings should be instituted in this case. While that investigation is going on I do not think it is fair to discuss the matter here.
Would the Minister agree that, if the concern in question opened at Easter and the Minister's decision was then given, it is unreasonable for the planning officer to reply on 12th July that he had written to the planning office to know what he was going to do and he had not yet received a reply? If the Minister does not believe me, I have the letter in my possession which says that and I shall pass it over to him. Unless he insists on something being done nothing will be done.
I am assured the matter is being investigated and I will accept that until it is proved otherwise.
Unfortnately I cannot ask a question next week, but when the Dáil re-assembles again, if nothing is done the Minister will be hearing about it.
The investigation will then be completed some months.
I hope so. I am very glad to hear that.
173.
asked the Minister for Local Government if he will agree to requests to allow inspectors' reports to be made available to interested parties in planning appeals; and, if not, why.
Inspectors' reports on planning appeals have always been regarded as confidential documents for the information of the Minister. The responsibility for deciding appeals is vested by law in the Minister and he is bound to decide appeals on the basis of the proper planning and development of the areas concerned. The nature of the appeals process is such that I do not consider that any particularly valuable purpose would be achieved by making copies of the inspectors' reports available to parties to an appeal and I do not propose any change in the present system.