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Dáil Éireann debate -
Tuesday, 24 Mar 1981

Vol. 327 No. 12

Ceisteanna—Questions Oral Answers - Dún Laoghaire Corporation. Planning Permission.

6.

asked the Minister for the Environment if his attention has been drawn to the legislative and administrative implications of a recent Supreme Court judgment concerning a planning permission granted by the Corporation of Dún Laoghaire (details supplied); and if he will make a statement on the matter.

I am aware of the recent Supreme Court judgment referred to by the Deputy. As I indicated in reply to written Question No. 443 on 10 March 1981, the implications of the case are being examined and any necessary consequential action will be taken. I am not in a position to add to that at this stage.

Is the Minister in a position to indicate whether Dún Laoghaire will be liable for the cost arising from this and in what way, in view of the fact that rates have been abolished and that there is a fixed sum allocation per local authority? Can he say what way the costs will be financed in this instance?

I am not sure that there is a liability at all involved in this because the decision of the planning authority in the case, which was the subject of the Supreme Court judgment did not affect the right of the objectors to lodge an appeal with An Bord Pleanála against the decision. As far as further action to be taken is concerned, action will be taken whether by way of advising the planning authorities on acceptable practice as regards allowing time for objections or by amending the regulations and I am now considering that.

The Minister has in part answered the question I was about to ask. I am sure the Minister is aware that there is a significant degree of public concern about the manner in which a planning permission of this nature might go through. It seems that much of the difficulty arises from the lack of clarity in the sequence of procedures to be followed. Therefore I would ask the Minister if he could expedite examination of the matter so that a clear code of practice could perhaps be agreed with the local authorities?

I can assure the Deputy that the question of clear, acceptable lines of practice and of clear guidelines to local authorities is one which is receiving urgent consideration.

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