Dáil Éireann debate -
Thursday, 2 May 1991

Vol. 407 No. 8

Adjournment Debate. - Howth (Dublin) Amenity Order.

Mr. McCartan

I regret that the Minister, or the Minister of State at the Department of the Environment, cannot be here. However, I understand that the Minister for Foreign Affairs will deputise and I hope he will take back to the Minister for the Environment my urgent plea on behalf of this remarkable scenic area of Dublin city that a special area amenity order be put in place at the earliest possible opportunity and that there be no further or undue delay in this proposal being put in place.

Howth is probably one of the more remarkable facilities and amenities of this city. It is spectacular in its beauty and it is an area to which many hundreds, if not thousands of citizens have recourse to for recreational purposes on a weekly basis. Because of its beauty it is also, unfortunately, a major speculative area for development and one that demands very high prices and profits for the developer. Very little sensitivity has been shown by the planners, by Dublin County Council in particular and, in more recent times, by An Bord Pleanála, towards the importance of Howth as a major amenity facility for the citizens of Dublin. For that reason I believe a special area amenity order must be put in place as a final and last resort against unwarranted and speculative developments on the peninsula.

In recent times three developments have taken place that sound alarm bells for the future protection and preservation of the peninsula. It is the policy of Dublin City Council, of which I am also a member, since 2 April last year to promote and support any application or any procedure for the implementation of a special amenity order for the peninsula in its entirety.

There have been a number of very worrying developments. To the east of the hill is an area which is mostly open heathland and which provides spectacular walks and views of the area and, particularly, of Dublin Bay. An application was granted by Dublin County Council for the demolition of a two roomed cottage and in its place the construction of a monstrosity in terms of a mansion including a swimming pool, tennis courts, outhouses and servants' quarters. I will not mention the name of the person who made this application but he is well known to people both inside and outside this House. I believe it is the tradition in this House not to mention names, no matter how well they are known.

Thankfully An Bord Pleanála turned down the application. However, the owner-developer has submitted another application. It is extremely worrying that Dublin County Council have not considered this application, as they properly should have, as a material contravention of the plan. In view of the history of the area, the people of Howth are concerned that this development will proceed and that, therefore, all open space on the peninsula will be up for grabs. Recently An Bord Pleanála supported the decision by Dublin County Council to demolish perfectly good houses on the main street. Developers are now seeking the demolition of three further houses on the main street. Consequently, anything is up for grabs in Howth village.

The most worrying matter of all, which I tried to raise directly with the Minister for Tourism, Transport and Communications and the Minister for the Environment during the week, is the question of Howth House, the fine Georgian residence of the man who built the harbour, Captain Taylor. Permission has been granted by An Bord Pleanála for the demolition of this integral part of the seafront at Howth. It is propably one of the most damning decisions made by that authority and one which has created widespread dismay among conservationists, citizens generally and the residents of Howth in particular. If Howth House is demolished, then Howth in its entirety will not and cannot be protected in the future. The only apparent safeguard available to protect this important amenity for the citizens of Dublin is the making of a special area amenity order. I understand this work has begun in the county council but for some reason or other the necessary progress has not been made which would ensure that it is put in place at an early stage. I plead with the Minister, not just on behalf of the residents of Howth or the village but on behalf of all the citizens of Dublin, if not the country, to ensure that this order is put in place so that this important amenity can be protected and preserved.

Minister for Foreign Affairs (Mr. Collins)

I am requested by the Minister for the Environment to say in reply to Deputy McCartan that he is a little surprised that the Deputy, given his legal background and reputation, has put down this motion. I have been asked by the Minister for the Environment to outline for the Deputy the statutory provisions governing the making of a special amenity area order.

The power to make a special amenity area order devolves on the planning authority under the 1963 Planning Act, section 42, as amended, and is a reserved function. Such order may be made by the planning authority for the area by reason of: (a) its outstanding natural beauty; (b) its special recreational value; and (c) a need for nature conservation.

When a planning authority have made an order they must comply with a set of procedures in section 43 relating to the public notice and consultative process. This section also sets out the main role of the Minister for the Environment in relation to an SAAO; namely to hold a public local inquiry into any objections made against the Authority's order. He then has the function of confirming it with or without modification, or of refusing to confirm it. Every such ministerial order must be laid before each House of the Oireachtas. This is a mere thumbnail sketch of a quite elaborate statutory procedure.

The Minister for the Environment understands that the council have received requests to make SAAOs for a number of areas including Howth, Baldoyle, Portmarnock and the Dublin Mountains. He further understands that a list of the SAAO requests is being drawn up for presentation before the council members who will then have to decide the priority of the SAAO list. In due course, the members will have to submit their orders to him in accordance with the statutory provisions already outlined. From his understanding of the position, the Deputy would be better advised pursuing this matter with the county council if he wishes to see progress in regard to the Howth SAAO in the near future.

While the Minister for the Environment has power under section 42 to direct a planning authority to make an SAAO?, he would be reluctant to exercise these powers. Since the making of an SAAO is a reserved function, he would prefer that councillors would bring forward their own policies in this regard, with all their local knowledge and concern for their areas. This is a very important consideration: the Government are in the process of local government reform and part of this process will be increased local democracy and enhanced public accountability for the actions of locally elected representatives. Now would be a most inopportune time for the Minister to interfere with the local democratic processes, as proposed by the Deputy.

The House will be aware that in March 1990 the Minister for the Environment confirmed, with minor modification, the first SAAO — the Liffey Valley SAAO — since the introduction of the present planning regime more than 25 years earlier and he is proud of his record in this regard.

Finally, the Deputy raised the question of what might be undesirable development in Howth. Dublin County Council and An Bord Pleanála, in the case of appeal, are empowered to exercise appropriate development control in respect of all development in the area. The House will understand that the Minister for the Environment is precluded by law from seeking to exercise any power or control over any particular case with which those authorities are concerned.