asked the Minister for Local Government whether he is aware that zoning regulations forbidding a concentration of industrial development in designated residential areas are now flouted in many parts of Dublin; whether his Department have this problem under consideration; whether action is contemplated; whether he has received any complaints on this matter; and whether he will make a statement on the matter.
Ceisteanna-Questions. Oral Answers. - Dublin Zoning Regulations.
29.
I would remind the Deputy that this is primarily a problem for Dublin Corporation to consider and deal with. So far as I am aware, the incidence of unauthorised industrial development in areas zoned for residential use in the draft development plan for Dublin is not as high as the Deputy suggests. I understand that all cases of unauthorised development that come to notice are fully investigated by the corporation, that they have succeeded in having unauthorised structures removed and unauthorised uses terminated in a number of cases, and that they have several other cases of alleged unauthorised development under active investigation at present.
Very strong enforcement powers were given to planning authorities under the Local Government (Planning and Development) Act, 1963, to deal with development commenced without planning permission on or after 1st October, 1964, when the 1963 Act came into operation, and I am satisfied that Dublin Corporation are prepared to use these powers where the circumstances warrant. The powers cannot, however, be applied retrospectively in relation to uses established before the 1963 Act came into operation and before they can be invoked it is necessary for the planning authority to be able to show beyond reasonable doubt that the development or use in question was commenced on or after 1st October, 1964. In some cases it is not easy to establish the facts with any certainty. This is particularly so in cases where the existing use of land can be claimed to be a continuation or reasonable intensification of an earlier similar use.
Is the Minister aware that a delegation made up of persons from several residential areas have already met the Minister for Local Government on this matter? Further, is he aware that in several areas around Richmond Road, Fairview and Convent Road heavy industrial development has taken place adjacent to residential property while nothing can be done about it? This appears to conflict with the Act but there has been no action on the part of Dublin Corporation to curtail these developments.
I am familiar with the problem to which the Deputy is referring.
Is it not in the Minister's constituency?
Yes. I have made representations myself in this regard and I have a great deal of sympathy with the residents.
It is not sympathy that is required.
Perhaps the Deputy will allow me to finish. The position is as I have outlined in the reply. It is not true to say that Dublin Corporation have taken no action. They have taken action of various kinds. In relation to one of the alleged offenders they have asked for the co-operation of the residents of the area in furnishing certain information and for a willingness to provide witnesses for court proceedings.
Further arising, is the Minister aware that the residents' association gave ample documentation to the Minister for Local Government at least six months ago but nothing has been done in the meantime nor have the association heard from the Minister?
That is not correct. They have heard from Dublin Corporation.
They have not heard from the Minister.
As I have explained, any action taken on this matter must be taken by Dublin Corporation, as the planning authority, not by the Minister.
Dublin Corporation should be reconstituted.
The Minister for Local Government has been in touch with the corporation on the matter and the communications received by the local residents from the corporation were, to some extent, received as a result of action taken by the Minister.
Question No. 30.
Nothing has been done to arrest these heavy industrial developments in this area. I repeat, nothing. We need more than sympathy from the Minister.
All I would suggest is that the Deputy is not in as close touch with the residents as he seems to think.
I am more closely in touch with them than is the Minister. I attend more meetings than he attends.