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Seanad Éireann debate -
Thursday, 7 May 1992

Vol. 132 No. 9

Adjournment Matters. - Amenity Area Order for Dargle Valley.

In bringing this Adjournment matter before the House — the need for the Minister for the Environment to make a special amenity area order for the Dargle Valley — I am aware of the statutory provisions which the Minister no doubt has in front of him under which an amenity order of this sort can be made. No doubt the Minister will inform me that this can be done primarily by the planning authority for the area but he will also undoubtedly be aware that he can make an order under section 42 of the 1963 Planning Act directing the planning authority to make a special amenity area order. There is a good and appropriate precedent for this motion which is that the first special amenity area order for the Liffey Valley was made in 1990 and I ask the Minister to make a similar order now for the Dargle Valley in 1992.

The Dargle Valley is possibly the most under-utilised resource in County Wicklow. In 1986 following hurricane "Charlie" a great deal of engineering work was carried out to protect the Dargle Valley area from a similar catastrophe in the future, although this sort of event happens statistically only once every hundred years. Work was not done particularly sensitively in what is potentially a very rich area ecologically, particularly for fishing. It is most important that a special area amenity order be made here to protect this valuable resource; the Dargle between Bray and Enniskerry contains some of the best salmon and trout in Ireland and is wasted because it is being poached bare of fish.

The Eastern Fisheries Board have made a tremendous effort over a long period to patrol this area without any great success. People say there is nothing to be done because there is a tradition of poaching in the Dargle. The issue of a special amenity area order would be the first step in curbing the destruction of this wonderful natural resource which is possibly the most valuable natural asset in County Wicklow. One only has to stroll between Bray Bridge and the Harbour to see stroke hauling; further down in the people's park fish traps are constructed quite openly. There are good runs for sea trout and salmon in the Dargle Valley and they produce superb heavy quality fish, but the Dargle Angling Club and other fishermen have been constantly frustrated by the level of poaching in this river; it is possibly the most poached river in Ireland.

It is important that we designate it a special amenity area so that the fish — the natural resource — can be exploited for the benefit not only of the people of Bray but of national tourism. Eamon De Butléir, who lived for a long time in this area and who is an authority without peer on the subject, has been quoted as saying that Dargle fish stocks will have been poached out of existence by the end of the century if nothing is done about it. Hotels and shops in the area buy from the poachers and this problem must be tackled by the creation of a special amenity area where fishing can be exploited for the good of all the community.

Other reasons this should be made a special amenity area include the presence of at least one large industrial premises which is totally unsuitable environmentally and which produces unpleasant emissions making the area unattractive for residents and tourists. A beautiful amenity area is being destroyed not only by poachers but by factory emissions. As this lithographic factory is not environmentally friendly as it now stands, it should be moved and no further industry allowed in this small area.

In the last month or so there have been applications from individuals to build houses in the Valley — those applications have yet to be processed — but large houses in this area would further destroy the Dargle Valley's potential as a tremendous natural resource. There is also before Wicklow County Council a proposal at an advanced stage which will eventually come to the Minister for the Environment for a halting site in this area. Wicklow County Council have fallen down appallingly on their statutory obligations to produce halting sites in County Wicklow and now apparently propose to put a halting site in an area totally unsuitable for travellers, settled people and industry. We are destroying the great natural beauty and resources of a special area while a special amenity area order from the Minister would allow it be developed as a fishing resource creating tourism opportunities and consequently employment. If an order is not made soon, this beautiful natural resource with enormous potential for tourism and employment will be destroyed for ever.

I would like to thank the Senator who has anticipated some of my reply. At the outset, I would like to make it clear that the power to make a special amenity area order is vested by law in the planning authority and is a reserved function. The relevant provision is section 42 of the Local Government (Planning and Development) Act, 1963, as amended by section 40 (a) of the 1976 Act. A planning authority may declare an area to be an area of special amenity where it appears to them that such an order should be made in respect of an area by reason of its outstanding natural beauty, its special recrational value or a need for nature conservation.

The special amenity area order must be confirmed by the Minister for the Environment and the exercise of the quasi-judicial function of the Minister comes into play. If objections are made to the order, the Minister must hold a public local inquiry. If he decides to confirm the order he is legally obliged to consider the case of the objectors and the report of the person who held the inquiry and no other matters.

It is usual that prior to the commencement of any procedures to make a special amenity area order the planning authority will have included the proposal as a stated objective of their development plan, thus facilitating public comment. I understand the Wicklow County Council as part of the objectives of their development plan have included a policy statement that they will consider making special amenity orders in respect of a number of areas, including the Dargle Valley. I presume that they would initially draw up a list of the areas to which they would attach priority so that the necessary preliminary work of area survey reports and so forth might proceed. This however would be a matter for the council. Therefore, it would seem to me that the Senator who is a member of the council should seek to progress the matter further with his fellow members if he wishes to see the special amenity area order for the Dargle Valley.

I appreciate that I have a residual power under section 42 of the 1963 Planning Act to direct the planning authority to make such an order. However, I would be reluctant to exercise this power and, indeed, see no need since Wicklow County Council have clearly set out their own objectives in the development plan. I am particularly conscious that the making of a special amenity area order is a function reserved to the elected members. The whole thrust of the recent local government reform measures has been directed towards increased local democracy. In these circumstances, it would be most inappropriate for me to intervene in the local democratic process as suggested. The power already lies in the hands of the elected members.

I thank the Minister for his reply, some of which I anticipated. It was helpful and I will pursue the matter on the county council as he suggested, although the lack of county council action so far does not give one great cause for hope. On the issue of developing this as a tremendous natural resource, I wonder whether he would agree with me that there is an obligation not only on the local authority but on the Government to see that the natural fishing resources should be encouraged by central Government.

That is a point. I have to come back to the fact that this area is already recognised at local level in the development plan. I am delighted that this area is included for development and I hope it proceeds along the lines the Senator would like.

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