Dáil Éireann debate -
Tuesday, 28 May 1996

Vol. 466 No. 1

Written Answers. - Special Area Amenity Orders.

Séamus Hughes

Question:

131 Mr. Hughes asked the Minister for the Environment whether he encourages local authorities to examine the possible making of special area amenity orders in areas of scenic importance; whether he has a national policy in this regard; his views on whether it should be left to the local authority to decide whether consideration should be given to the making of such an order; and if he will take a pro-active role in order that the number of such orders will increase. [11031/96]

Séamus Hughes

Question:

132 Mr. Hughes asked the Minister for the Environment the classes of development currently classified as an exempted development that would require planning permission in the event of a special area amenity order being made for a particular place. [11032/96]

Séamus Hughes

Question:

133 Mr. Hughes asked the Minister for the Environment the number of special area amenity orders in existence; the counties involved; the area of each order in hectares; the reason underlying the making of each order, outlining in each case what was sought to be protected; and if he will make a statement on the matter. [11033/96]

Minister for the Environment (Mr. Howlin)

I propose to take Questions Nos. 131, 132 and 133 together.

Section 42 (1) of the Local Government (Planning and Development) Act, 1963, gives a local planning authority power, as a reserved function, to declare an area to be an area of special amenity when it appears to it that the area satisfies the criteria listed in the section. A special amenity area order can only come into operation when confirmed by the Minister for the Environment under Section 43. While section 42 (1A) enables the Minister, if he considers it necessary, to direct a planning authority to make such an order, I believe that it should be left to the relevant planning authority, unless exceptional circumstances apply, to decide whether consideration should be given to the making of an order in any particular case.

Article 10 (1) (b) of the Local Government (Planning and Development) Regulations, 1994 specifies those classes of development, otherwise exempted under the Regulations, which are not exempted development in an area to which a special amenity area order relates.

Two special amenity area orders have been confirmed under section 43, viz:

—the Dublin County Council (Lucan Bridge to Palmerstown) special amenity area order, relating to an area of 345 hectares in County Dublin, confirmed on 8 March 1990;

—the north Bull Island special amenity area order, relating to an area of 323 hectares in Dublin city, confirmed on 23 March 1995.

In both cases, the reasons for the making of the order were the outstanding natural beauty of the areas in question, their special recreational value and the need for nature conservation in those areas.

Special amenity area orders are only one of a number of options, in addition to normal planning control, for the protection or conservation of a particular area. I understand my colleague, the Minister for Arts, Culture and the Gaeltacht, has proposals to put natural heritage areas on a statutory footing and that work is in progress also on the preparation of measures to transpose into national law Directive 92/43/EEC on the conservation of natural habitats and wild flora and fauna.