asked the Minister for Local Government if he will investigate the siting of a petrol filling station (details supplied) at Moorefield, Droichead Nua, County Kildare to assess the hazard caused by this station to motorists on the main Dublin to Cork road; and if he will examine the reasons advanced by Kildare County Council for granting planning permission for this project and thereby reversing previous decisions by the Council and by him.
Ceisteanna—Questions. Oral Answers. - Droichead Nua Petrol Station.
36.
No appeal was lodged against the more recent decision by Kildare County Council to which the Deputy refers and which was taken in 1971. I have no functions therefore in regard to that decision.
I did not intend to convey that the decision was taken by the present Minister. It was his predecessor. Does the Minister feel he has no function at this stage in investigating the position? A decision by his Department indicated that this project should not be allowed in this particular place. Kildare County Council had refused it in the first instance. Subsequently permission was granted to a very big firm to open a service station here. Does the Minister not feel he has any function in the matter at this stage, any function to investigate this hazard or the reasons advanced for granting permission?
No. I do not think it would be proper for me to do so at this stage. The right to appeal was there for anybody who was opposed to the provision of this service station and no one appealed. Once the decision is made it would not be appropriate for the Minister for Local Government to start on his own an inquiry into a decision taken by either a local authority or a planning authority. To be fair, when this decision was taken the Roads and Motorways Act was not in operation. It is possible that if the decision were taken subsequent to the passing of that Bill the Department might have taken a different line. As matters stand, it would not be in order for me to intervene at this stage.