The Gazette 1981

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 (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 PLASTICS INDUSTRIES ASSOCIATION

House, Kildare St., Dublin 2 Tel: 7 7 9 8 01 — Telex 2 4 7 11

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