Oireachtas Joint and Select Committees

Thursday, 9 December 2021

Committee on Public Petitions

Consideration of Public Petitions on Unauthorised Developments

Mr. Jack O'Sullivan:

I will help to answer that. Like all of these things, there is never just one issue. There is always a whole series of issues. The first problem arose when the developer did not seek planning permission before he started constructing the marina. The county council did the correct thing in issuing a notification. The developer did not attempt to seek planning permission for retention, which he could have done at the time. To do so required, under the legislation at the time, going not to the county council but to An Bord Pleanála. He did not do that. He attempted to seek retention permission by making an application to the county council. Westmeath County Council quite correctly stated that it was not something it could deal with. The applicant did not go to An Bord Pleanála under the terms of legislation that was in place. When that legislation was struck down by the High Court, there seems to be nowhere to go. The appalling thing is that there is no legislation permitting the developer to regularise the situation. Waterways Ireland clearly stated that it cannot regularise it by issuing a lease until the planning permission is okay. The whole thing seems to have got caught in a trap because people did not think through exactly what they should have done to comply under the law. It is not easy. I know these things are complex, but the rules are there. If you get someone to advise you on what to do, and then do that, this kind of situation should not happen. I hope that answers the question.

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