Dáil Éireann debate -
Tuesday, 4 Nov 1997

Vol. 482 No. 3

Adjournment Debate. - Special Amenity Area Orders.

Mr. Broughan

The Howth peninsula in my constituency is one of the most wonderful amenities in the city. William Butler Yates took Maud Gonne to Howth Head for walks during their romantic attachment. Many other couples, including our fathers and mothers, grandfathers and grandmothers, great grandfathers and great grandmothers, have done likewise during the decades.

The Minister's predecessor, Deputy Howlin, directed Fingal County Council, which had been dragging its feet on the issue, to make a special amenity area order for part of the peninsula, the coastal band from Sutton around by Red Rock and the Bailey to East Mountain. As Members are aware, until 1987 Howth came within the functional area of Dublin Corporation which maintained all the walkways in good condition. Fingal County Council has not shown the same devotion to this task.

A number of developers have cast a greedy eye on the peninsula. In Sutton rights of way by Carrickbrack Road near Red Rock which have been used by the public for centuries have been unilaterally blocked off. As this amenity is important to all Dubliners, not just the 15,000 to 20,000 who live in the immediate vicinity, the Minister should insist on Fingal County Council implementing immediately the special amenity area order. Much of the preparatory work, including the drawing up of maps, has been done by wonderful local groups such as Howth-Sutton 2000 which has led the campaign to save Howth.

Howth village has been developed as an important tourist centre. In this context there is a need to preserve the wilderness areas of East Mountain, which is under threat, and West Mountain. There are however developers who believe the peninsula can be developed in the way Killiney or Cap Ferrat in France have been developed.

Fingal County Council should carry out its duties and implement immediately the special amenity area order for the peninsula. Bull Island and its wonderful flora and fauna are the subject of such an order. Most sensible people believe that Howth peninsula should be preserved forever.

Minister of State at the Department of the Environment and Local Government (Mr. D. Wallace)

I thank the Deputy for raising this matter. My colleague, the Minister for the Environment and Local Government, Deputy Dempsey, regrets that he is unable to be present and has asked me to reply on his behalf.

A planning authority may make a special amenity area order, SAAO, under section 42 of the Local Government (Planning and Development) Act, 1963, declaring a specified area to be an area of special amenity by reason of its outstanding beauty, special recreational value or the need for nature conservation. Such an order may state the planning authority's objectives in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area. The making of an SAAO is a reserved function.

When a planning authority makes an SAAO it must publish in a newspaper circulating in its area its decision to make the order, indicating the area to which the order relates, where the order may be viewed with any relevant maps and specifying the period, not less than one month, during which objections may be made against the making of the order.

All SAAOs require confirmation by the Minister. Every confirmation order must be laid before each House of the Oireachtas and if a resolution annulling the order is passed by either House within 21 sitting days the order shall be annulled.

The Minister may direct a planning authority to make an SAAO for a particular area within its functional area. The Minister's direction may specify objectives to be included by the planning authority in the SAAO.

There are two areas in respect of which SAAOs have been made, a section of the Liffey Valley between Lucan and Leixlip and the north Bull Island in Dublin Bay. Fingal County Council was directed on 3 October 1996 by the former Minister for the Environment, Deputy Howlin, to make an SAAO for part of Howth peninsula. It is a matter for Fingal County Council to draw up the order and in so doing it may include additional areas if it considers that they warrant the protection of an SAAO by reason of their outstanding natural beauty or special recreational value. I understand work is progressing on the preparation of the SAAO and that a draft of the order will be completed before the end of April 1998. Given that, in accordance with the provisions of the Act, the SAAO will be submitted in due course for confirmation by the Minister it would be inappropriate for me to comment further on it.

The existing law in relation to special amenity area orders seems to be fair and balanced. While there are no plans to change it, any suggestions put forward for change can be considered within the context of the review of planning law which the Minister has initiated.