asked the Minister for Local Government if he is aware of the growth of motor vehicle repair businesses in backlane garages attached to private houses in Dublin suburbs with consequential serious damage to the residential amenities of such localities and considerable obstruction in and adjoining such laneways by motor vehicles awaiting and in the course of repair and sometimes abandoned as beyond repair; and that existing legislation and procedures appear to be inadequate to prevent or control such developments; if he will take all steps necessary, including introducing legislation, to cope with the problems; and if he will make a statement on the matter.
Written Answer. - Motor Vehicle Repair.
191.
Use for industrial or commercial purposes of a private domestic garage involves "development" under the provisions of the Local Government (Planning and Development) Act, 1963, which came into operation on the 1st October, 1964. Any such use commenced after that date constitutes unauthorised development unless planning permission has been obtained. Action in relation to unauthorised development is a matter for the planning authority.
I understand that all cases of unauthorised development that come to notice in the Dublin area are fully investigated by the corporation, that they have succeeded in having unauthorised uses terminated in a number of cases of the type described by the Deputy, and that they have several other cases of alleged unauthorised development of this kind under active investigation. 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.
The general position about the effectiveness of the powers under the 1963 Act to deal with developments undertaken without planning permission is being examined at present in my Department in connection with the review of the Local Government (Planning and Development) (No. 2) Bill, 1969, but at this stage I am unable to say what changes, if any, may be considered desirable.
I dealt with the matter of obstruction in laneways caused by parked or abandoned vehicles in my reply to a previous question on this specific point put down by the Deputy on 29th April last.