asked the Minister for the Environment the present position regarding proposals to provide a special amenity area order for Dublin Bay; and whether it would be in line with Government policy that such an order should be made in respect of Dublin Bay.
Written Answers. - Special Amenity Area Order.
101.
The making of a special amenity area order is a reserved function of the planning authority in accordance with the provisions of section 42 of the Planning and Development Act 1963, as amended by the Local Government (Planning and Development) Act 1976. Where such an order is made it requires confirmation by the Minister for the Environment in accordance with the provision of section 43 of the 1963 Act. In 1977 the Dublin Bay Special Amenity Area Order was made by Dublin Corporation. Because of objections made a public local inquiry was held. The then Minister for the Environment, having considered the objections and the report on the inquiry, made an order on 6 November 1981 refusing to confirm this special amenity area order. The main reasons for the Minister's decision were:
1. The order gave little protection to the areas covered in addition to that already provided for in the development plan. No objectives were included for the preservation or enhancement of any special features in the area or for the prevention or limitation of development.
2. The order was ambiguous in a number of respects particularly in regard to the intentions of the planning authority relating to port development and exempted development.
3. The development plan on which the order was based had been superseded by the new plan. The provisions of the order envisaged that it could be altered by provisions in the new plan which would be contrary to the provisions in the Planning Act for the review and amendment of SAAOs.
4. The order provided for the location of potentially incompatible uses in parts of the area without providing for their separation or management.
5. The inclusion of housing areas within areas designated as of "outstanding natural beauty", was inconsistent with the provisions of the Act for the making of SAAOs.
6. The order was insufficiently detailed to provide the protection for amenity which would be expected from it.
The making of a special amenity area order or orders, is still open to the Dublin authorities in accordance with the relevant provisions of the Planning Acts.