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GAZETTE
JULY-AUGUST 1981
"Each planning application must be considered in
relation to its immediate environs and to a wider area.
The administration is organised to facilitate this
approach.
Conditions
When planning permission issues, development must be
carried out in accordance with its terms. The
responsibility for ensuring this lies with the developer, but
the Planning Acts give enforcement powers to Planning
Authorities
and
third
parties.
The
cumbersome
procedures of the 1963 Act have been considerably
strengthened by Section 27 of the 1976 Act, which gives
quick access to the High Court for a prohibition order
where unauthorised development or use of land is
concerned;
this
section
is
invoked
where
the
circumstances warrant it. It is policy to try to achieve
satisfactory development by co-operation and agreement
with developers and legal proceedings are only instituted
where other approaches fail.
It is not alone the planning authority that can influence
the environment by means of planning permissions.
Indeed, it can be argued that in the field of development
control the role of the planning authority is a passive one,
in that its function is either to grant permission, with or
without conditions, or to refuse permission to what is
placed before it. Unquestionably, the role of the private
sector through the building developer and his architect,
can have a much greater effect on the environment and
criticism of the planning authority in this field is often
misdirected. The builder might well say that he has to
build what he knows he c an sell, but is this a sufficient
reason for not encouraging flair in design and layout? It"
has been claimed that the planning authority imposes too
many conditions on permission. Insofar ás there may be
room for some criticism in this regard, it is a measure of
the limitations of the submissions made to it. It is not
always realised that the alternative to such conditions
would be refusal of permission. Invariably, the objective
of the planning authority in attaching conditions is to
improve what has been submitted to it, to make it
conform to the requirements of the Development Plan or
to ensure that development is satisfactorily carried out.
The planning authorities try to give permission where it is
at all possible to do so.
In view of all the control built into the Development
Plan, why is it that there is criticism, particularly in the
developing areas, of the development that eventually
takes place? In my opinion, there are a number of serious
drawbacks in implementing development proposals.
These include:-
(a) shortage of funds made available to the local
authorities for infrastructural purposes in the Dublin
area. This has resulted in an inadequate road system
and a shortage of serviced land to serve the areas
zoned for development;
(b)the patchwork nature of land ownership which, in
practice,
determines
the
sequence
in
which
development
takes
place
and
makes
orderly
progressive development impossible;
(c) despite commendable efforts made by planning staff to
co-ordinate the work of Government agencies and
public utilities, the time-lag that exists between houses
being occupied and the provision of schools, churches,
shops and other amenities;
(d)the standard of development of a substantial part of
the building industry who take an inordinate time and,
frequently, only on foot of enforcement proceedings by
the planning authority, to complete roads and other
services and open spaces to a satisfactory standard for
handing over.
Delays
The problem of getting estates completed in accordance
with the permission and to a satisfactory standard is
serious. It is not just a question of a few hard-pressed
developers, unable to meet their obligations. The problem
is widespread throughout the industry. Some of the bigger
developers are the worst offenders. At the moment there
are some 61 estates in County Dublin at some stage of
proceedings with the planning authority, either through
Court action or negotiated agreement, on completion of
works. This is a serious matter to which the industry
should address itself. In saying this, I am conscious of the
efforts which have been made by the Construction
Industry Federation to encourage builders' participation
on their guarantee arrangements to complete estates and I
would like to acknowledge the valuable assistance which
the Federation has given in this regard.
These, of course, are transient problems and in the
course of time as finance becomes available the necessary
infrastructure will be provided, infill development will
complete the present jig-saws and estates will be taken
over. The important thing is that the planning authorities
lay the proper planning foundations based on sound
environmental concepts that will stand the test of time.D
PLASTICS INDUSTRIES
ASSOCIATION
(within the Confederation of Irish Industry)
Will Hold a One-Day Conference on
PRODUCT LIABILITY —
Implications for Industry
on 8 October, 1981 at the Burlington Hotel, Dublin
Programme will include: "An EEC Overview" (H. C.
Taschner, Head of Division, D.G 111 of EEC); "The
Insurance Dimension" (G. Hatch, Irish National Insurance
Co.); "Legal Responsibility" (Miss T. King, Solicitor);
"Managing the Risk" (M. Miller, Head of Legal & Product
Safety, Bory-Warner Chemicals); "The US Experience" (W.
Becker, B. F. Goodrich Chemicals)
Cost — £69 incl. VAT — P.I.A. Members
£86.25 (incl. VAT) — Other Delegates
Reservations
to:
Administration
Office,
Confederation
of Irish Industry,
Confederation
House, Kildare St., Dublin 2
Tel: 7 7 9 8 01 — Telex 2 4 7 11
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