asked the Minister for Local Government if a notice in a trade journal which is available to subscribers only fulfils the obligation of public notice of planning applications as required in the Local Government (Planning and Development) Act, 1963.
Ceisteanna—Questions. Oral Answers. - Public Notice of Planning Applications.
26.
I am advised that such a notice would not be adequate to comply with the requirements of the Local Government (Planning and Development) Act, 1963 (Permission) Regulations, 1964.
Is the Minister aware that such a notice has in fact been accepted for a fairly important planning proposal? Would the Minister consider amending the Act in some way to ensure that notices cannot be put in such a way that nobody could normally be expected to notice them? They are being put in in Irish and in one newspaper they are put in in the sports columns——
It might be appropriate in some cases.
——and all sorts of means are used to evade the Act. Would the Minister consider doing something about this because the matter has reached serious proportions?
I can only say that the people who in the first instance, and indeed in the last instance, determine whether or not the notice which is furnished is in accordance with what is required, is the local planning authority. The regulations state:
Prior to the submission to a planning authority of an application for a permission for development, for an approval or for a permission for retention of a structure, the applicant shall give public notice of his intention to apply for a permission or an approval, by publication in a newspaper circulating in the district in which the land or structure is situate or by the erection or by the fixing of a notice on the land or structure.
"Newspaper", I should add, is not defined but how these other sorts of circulations are accepted by the officers of the local planning authority is more than I can fathom because while it is not defined what "a newspaper circulating" is, some of the things which the Deputy mentioned are stretching the imagination as far as the regulations are concerned.
Does the difficulty not lie in the definition of "newspaper circulating in the district"? Could the Minister see any way of defining that?
Would the Minister agree that a notice stating that a man proposes to erect a dwelling or a building in a townland is not sufficient, although it is considered sufficient at present, because that townland may consist of a square mile and people will have no idea where the building is to be erected? Would the Minister not agree that it should be much more specific?
The purpose in this is to try to ensure that a person or persons who might have any views for or against the proposal would by this means be put on the alert, from which point they would be expected to be sufficiently interested in the townland to find out the location. If I could find an easier or a clearer way of bringing this notice to the public's attention, I should be glad to do so. We did try this at the time the Bill was being prepared but we found it rather difficult and too cumbersome and objectionable even from the point of view of the applicant. In so far as a definition of "newspaper" is concerned, I do not know what we can do about that.
The people dealing with these applications and acting upon them as valid applications should know better than to accept some obscure publication which is circulated on the basis of a subscription list, and it is asking for too much latitude when the regulations say "a newspaper circulating in the area". Certainly I do not think our people in the local authorities should accept such applications.
Would the Minister examine the position which arises out of the fact that some of these trade journals are registered in the GPO as newspapers, and that may be the difficulty in which some local authorities find themselves in regard to excluding them. If they are regarded as newspapers in one section of the State service, difficulty may arise in not so regarding them in other sections.
Would the Minister advert to the fact that during the passage of this legislation "a newspaper circulating in the area" was held to be one read in the area and that a trade journal, as such, could not be held to be a newspaper circulating in the area? Would the Minister further say if permission got in those circumstances is now void?
That is a six-marker.
It is a six-marker. I would hesitate to give any clear view on that, except to say I can see very great difficulties arising if permission is granted on foot of an obligation which is carried out in the manner objected to here and when substantial construction work has been done before any issue has been taken.
A trade journal is available only to subscribers.
I am talking about a case which might have succeeded and where permission has been obtained, as it were, by subterfuge, wittingly or unwittingly. I can see the greatest difficulty in rectifying the situation after the event. The whole purpose of these notices is to try to prevent these things happening. I shall see if there is anything we can circulate further to the local planning authorities in order to clarify the matter. In regard to Deputy Jones's reference to the debate which took place here on this matter, his recollection is also my recollection of it.
Would the Minister ensure that local authorities are made aware of what was the intention in this regard, so that they will not accept such notices in future?
Has the planning authority any discretion in these matters?
I know that nine out ten of them will not accept the sort of thing to which objection is made here.
It is a question of law.
They obviously can do it if they want to.