asked the Minister for Local Government whether he is prepared to consider making an ex gratia payment, in lieu of compensation, to a shopkeeper in Dublin (details supplied) who has been put out of business after 18 years by the application of Dublin Corporation zoning regulations.
Ceisteanna—Questions. Oral Answers (Resumed). - Compensation for Dublin Shopkeeper.
190.
The case referred to by the Deputy is one in which enforcement proceedings were taken by the planning authority in respect of development carried out by the person concerned which was unauthorised under the Local Government (Planning and Development) Act, 1963. Compensation is not payable by the planning authority in such cases and it would be contrary to the principles of the Act to pay such compensation.
I thank the Parliamentary Secretary but he has not answered my question. I did not ask him whether compensation was payable. I asked him whether he would consider making an ex gratia payment in lieu of compensation in view of the hardship to the person concerned.
No, because this matter was dealt with in the courts, certain decisions given, fines imposed and an undertaking given quite some time ago to remove the unauthorised structure. This undertaking has not been honoured and certainly there is no obligation, legally or otherwise——
That is why I said ex gratia payment. I know there is no obligation.
No, we could not.
The answer is "no"?
The answer is "no".