asked the Minister for Local Government if he is aware of the strong objections which residents adjacent to the property known as "Stonehouse", Stillorgan Road, County Dublin, have to the proposed erection of a petrol filling station on this site; and if he will consider taking steps to prevent such station being erected.
Ceisteanna—Questions. Oral Answers. - County Dublin Petrol Filling Station.
75.
On 23rd December, 1958, the Dublin County Council gave permission, subject to certain conditions, under the Town and Regional Planning Acts, to Irish Shell Ltd., to erect a petrol filling station at "Stone-house", Stillorgan. Residents in the area formally appealed to me to revoke the permission. Having considered the amenity and traffic considerations raised by the appellants, I revoked the permission by sealed order on 15th August last. The legal effect of this revocation was as if the county council had refused to give permission in the first instance.
On 25th January, 1960, the solicitors for Irish Shell Ltd., wrote to the Dublin County Council referring to my decision and saying that they had decided to proceed with the erection of the filling station within three weeks of the date of their letter, adhering to the conditions imposed by the county council in the permission I had revoked. The county council replied on 6th February pointing out that my order had revoked their permission, which had now ceased to exist for all purpose and stating unequivocally that the council would give no countenance whatever to disregard, by Irish Shell Ltd., of my order.
My powers in this regard are limited to determining appeals against decisions of planning authorities. When my decision alters that of a planning authority, the decision as so altered becomes, legally, the decision of the planning authority. The law gives certain powers of enforcement of decisions to planning authorities. It is for the planning authority to consider what further steps should be taken in this case.
Does it follow from that that the county council has authority, if this filling station is erected, to have it pulled down?
The powers of enforcement open to the county council are to serve a prohibition in respect of unauthorised development, and, where that is not obeyed, to follow it by a declaration, contravention of which is a criminal offence.