asked the Minister for Local Government why he granted planning permission for a petrol service station to a person (name supplied) in County Galway; and if he is aware that Galway County Council refused permission for the proposed station and that there are two petrol service stations, one on each side of the road, a very short distance away.
Ceisteanna—Questions. Oral Answers. - County Galway Petrol Station.
17.
In dealing with this appeal against the decision of Galway County Council to refuse permission for the proposed petrol service station, regard was had to the evidence given at the oral hearing and the report of the person who conducted the oral hearing of the appeal. As the erection of a petrol service station on this site was not considered to be in conflict with the proper planning and development of the area, it was decided to grant permission for the proposal.
There are two petrol stations less than 100 yards from the site, one on either side of the road. Is this not contrary to the restrictive trade practice regulations of 1975, which prohibit further motor spirit stations being erected?
I am not aware of the regulations the Deputy refers to. Restrictive practices legislation usually refers to the very opposite, to prevent somebody from trying to corner a market. Having taken the advice of my experts and having given a decision, the decision is being challenged by somebody; if I had not taken the advice I would have been challenged by somebody else. The situation in 1970, when the original refusal was given, has been radically altered through the grant of permission by the planning authority to the ESB for a depot on a site which surrounds the appeal site from the west and to the rear. The depot is between the appeal site and the town. The position has changed very much and in the changed circumstances the inspector said it would be unreasonable to regard the proposed use of the site as being injurious to residential amenities. I know that traders, once in, do not like somebody else to start trading in the same commodity nearby. This, however, is not a good reason for refusing planning permission. As the recommendation was that permission should be granted, I granted it and unless the local authority reverse it there is nothing I can do about it.
Does the Minister consider that three petrol stations within 100 yards of each other is good planning? Is the Minister saying that the county council cannot override his decision?
They can, up to a point.
The council refused planning permission and the Minister granted it. My views on planning are very liberal. I know this town well and this proposed station will have two other stations within 100 yards and how anybody could grant permission is more than I can explain.
I have great respect for Deputy Callanan, as he is aware. This is not a parish pump problem but it is the nearest thing to it. It is a question of people in the same trade disagreeing with the decision because they feel it will affect them. Planning has nothing to do with it. I cannot do anything about it at the present time and therefore we are wasting the time of the House.
This is a national issue.
It is not.
Neither is it a parish pump problem.
The Deputy's question must be specific.
As regards the restrictive trade practice the order was made that no further stations be allowed. The order was made in 1972 and renewed in 1975.
I do not operate the restrictive trade practice.
No. But surely it would not have happened, going against the other?
Question No. 18.
May I point out to the Deputy that there are certain things laid down in the Planning Acts which must be taken into consideration when the question of planning arises? The question of competition is not one of them. Therefore, I think the Deputy misunderstands the situation when he speaks about the restrictive trade practice. I have nothing to do with it; I cannot alter a decision and I believe the correct decision was made.
Question No. 18.
I would invite the Minister down to see it.
I go down there fairly often. I will probably call for some petrol to the one beside it and I will see what they say.