asked the Minister for Local Government the considerations which influenced him in granting permission on appeal to build a house in the high amenity area of Burren, County Clare, against the background of four refusals by the local planning authority, two refusals on appeal by a previous Minister and one refusal by him.
Ceisteanna—Questions. Oral Answers. - Clare House.
25.
I granted an outline permission in this case because I considered that the construction on the site of a suitably designed singlestorey house need not be contrary to the proper planning and development of the area. The decision on the previous appeal was to refuse outline permission on the grounds that the proposed development by being obtrusive would detract from the natural beauty of the area and would thereby seriously injure its visual amenities.
The application to which the second appeal related specified that the house proposed was intended for a permanent home, to be erected in cottage style and in keeping with the traditional character of the area. After careful consideration, I decided to give outline permission subject to a condition which would facilitate the integration of the house into its surroundings. The house is to be of single-storey construction, the walls are to be finished predominantly in local stone and the roof is to be of dark-coloured tiles and low pitched.
Would the Minister agree that in circumstances where the planning authority refused permission on four occasions, where the then Minister refused permission on two occasions and where the present Minister refused it on one occasion, there is grave danger of undermining the confidence of people in the planning Acts by such decision as the Minister has given?
I would suggest that Deputy Faulkner consult with the two Fianna Fáil Deputies who made representations asking that permission be given.
I am dealing with the general question. The Minister is aware that in many instances when people request a Deputy to make representations the representations are made and the Deputy may not go into the detail that I am engaging in.
Would the Minister not agree that the public, seeing a situation of this kind, would regard the final decision of the Minister as being extraordinary?
No. People can get the impression often that by reading the newspapers one can decide on an appeal case. The only way in which appeals can be decided is by a study of all the relevant material in the Department. I was satisfied in this case that the last appeal made was the one which should be granted. I was strengthened in my view by the fact that two respectable Members of this House, who happen to be members of Deputy Faulkner's party, recommended strongly that permission be given. I agree, that they were right and acted accordingly.
Is the Minister suggesting that those Members knew exactly what form the house was to take?
Yes.
Were there representations from them on the previous occasions?
No, but they live near enough to the area to know all about it. If Deputy Faulkner had ever been in the Burren area, he would realise that my decision was the right one.
Would the Minister agree——
We cannot pursue this question any further.
——that the Planning Act of 1963 was enacted for the purpose of ensuring orderly development especially in high amenity areas but that the purpose of the Act is being frustrated in relation to such areas as a result of the decision he gave?
Obviously, Deputy Faulkner has never been to the area because had he been there he would know that along this whole road there are houses and that permission was given to one man who is not a native of this country although that permission has not been availed of. Irish people are entitled to build houses for themselves in their own areas although that may not be the view of some of the people on the other side.
I am calling Question No. 26.
Because of the circumstances, this case cannot be considered an ordinary one.