I was contacted in January this year by constituents regarding a planning application from a garage for an extension and other matters. The planning authority refused permission not on the basis of the matter I wish to raise but because the area was residential while the application was for retail use and therefore not in keeping with the draft development plan. However, it became clear that this garage had been operating for a long time before 1996, when it applied for a licence to store petroleum and was refused. It was obvious that it had been operating a petrol station with large storage areas from that time without a licence. Further representations to the local authority received the response that it was not a matter for that body but was rather an issue for the Health and Safety Authority.
When I wrote to that organisation part of the reply I received read:
In relation to the Esso petrol station located on Sarsfield Road, the fire prevention authorities of Dublin Corporation, the licensing authority for petrol stations under the Dangerous Substances Act, have written to the Health and Safety Authority concerning this station. We are currently awaiting the implementation of the new legislation referred to above before taking action in such situations, at which stage a systematic evaluation of the licensing situation throughout the country will be undertaken by the Health and Safety Authority in co-operation with the fire authorities.
That does not address the specific representation I made. I call the Minister of State's attention to the fact that it seems absolutely ludicrous that a local authority, which has responsibility for granting planning permission and, according to this reply, also has responsibility for issuing licences, feels these functions have nothing to do with each other and has taken no action in an extremely dangerous situation. This matter only emerged after the garage owners submitted a planning application for more commercial development at a time when the business was operating without a licence to store petroleum. It is very difficult to explain this to constituents and it is not sustainable that residents were told by the local authority that it could do nothing about this. The quotation I have read seems to reinforce the view that the local authority is not addressing what it can do under current legislation but is simply saying it will bring forward new proposals.
That is not satisfactory and my constituents cannot wait for those changes. Even without those changes it should be possible for the Health and Safety Authority to close down petrol stations in residential areas if they are operating without licences. This station has been operating without a licence since 1996 but the Health and Safety Authority has taken no action to stop it trading while the local authority seems to feel it has no function in the matter. If the Minister's response is merely to promise to introduce a code of conduct and to change regulations, I will not be satisfied. A planning authority should not allow construction to commence until the relevant approval is given by the Health and Safety Authority. Most commercial developments require a fire safety certificate before building can commence.
I hope the Minister will be able to tell me that action will be taken to close this retail outlet down and if not, that the owners will be informed of what needs to be done to bring the premises up to the required standard.