Vol. 397 No. 10
13 Mr. Cosgrave asked the Minister for the Environment , in view of the recent welcome decision to sign the Liffey Valley order, if he will take all necessary steps and instruct Dublin County Council to prepare a special amenity area order for the Howth Peninsula and its environs.
Section 42 of the Local Government (Planning and Development) Act, 1963, as amended, confers on a planning authority the power to make a special amenity area order in respect of any area where it appears to the planning authority that, by reason of its outstanding natural beauty, its special recreational value or a need for nature conservation, the area should be declared to be an area of special amenity. The making of a special amenity area order is a function reserved to the elected members of the council. While I have the power to direct a planning authority to make such an order, I consider that the question as to the making of an order for a specified area is a matter more appropriate for consideration and decision by the planning authority.
Would the Minister agree that the Howth area complies with all the requirements just mentioned by him? I congratulate him on having made the Liffey Valley Order, even though it took two and a half years, with considerable pressure having been exerted by this side of the House. Would the Minister agree that a special amenity area order is the surest way of protecting Howth peninsula and its environs? In view of the unprecedented development now taking place there, would the Minister not approach Dublin County Council requesting them to take the initiative in getting a special amenity area order in respect of that area?
I thank the Deputy for his generosity. In so far as the making of the order is concerned — I might say, the first since the foundation of the State; and a very important step it was — I am pleased it has been well received by everybody in the House. I understand that Dublin County Council are reviewing their policy at this very moment in regard to the making of further such orders. I should say this is a reserved function and it is for the Deputy and his colleagues to determine what they require in this regard. When they do so determine, if their proposals are sent to me — and if there are some objections to them — we will have to hold some inquiry. The Deputy will appreciate it is a fairly long drawn-out process. If the Deputy is as committed as his question suggests then he will know where to promote the matter, that is, at his local authority level.
Is the Minister aware that there is a precedent for this? When former Deputy John Boland was Minister for the Environment he exerted pressure on Dublin County Council — the Minister will see this from the files — to go ahead with a special amenity area order with regard to the Liffey Valley. If the Minister examines the file he will see the precedent created by his predecessor which, if used, would mean we could get this special amenity area order for Howth issued immediately. Is the Minister aware that the whole of the Hill of Howth is being raped by developers? Is he aware that the east mountain is under threat in addition to Red Rock, Mark I and Mark II, and that but for An Bord Pleanála there would be development there today? I am asking the Minister to do what his predecessor did.
Please, Deputy, you have made your point very clearly.
His predecessor definitely got Dublin County Council to make that order. I am asking the Minister to do likewise. Will he face up to the problem in Howth?
So that nobody will be misled as to what happened on the previous occasion, I would say that under section 42 of the Local Government (Planning and Development) Act, 1963, the Minister is empowered to direct a planning authority to make a special amenity area order; the Deputy is quite right in that respect. In October 1986 a previous Minister for the Environment directed Dublin County Council to make an order in relation to the Liffey Valley. But in doing so he made it clear at that time — I have the relevant release here if the Deputy needs to see it — that it was consistent with the objectives of the county development plan and with a detailed study of the Liffey Valley being prepared by Dublin County Council as a preliminary to developing a plan for the protection and enhancement of that amenity. What I am saying is that this is a reserved function and this Minister does not like interfering with the reserved functions of local authority members.
