Oireachtas Joint and Select Committees

Tuesday, 26 March 2024

Select Committee on Housing, Planning and Local Government

Planning and Development Bill 2023: Committee Stage (Resumed)

Photo of Aengus Ó SnodaighAengus Ó Snodaigh (Dublin South Central, Sinn Fein) | Oireachtas source

I concur with what Deputy O'Callaghan has outlined. We know from our this city and elsewhere the history of protected structures. In some cases, the State has intervened and addressed protected structures that were demolished and had to be rebuilt. Archer's Garage, which is close to Leinster House, is a classic example. While it was rebuilt, it is not the original structure. There are also hotels in this vicinity that were protected structures and fire damaged them to such an extent that they had to be stripped of their original features. In some cases, all that was left was the facade. There has to be an onus on those who have possession or control of a protected structure to protect them. That is the intention, which nobody can deny. That is why we seek to ensure that nobody, through not being named within the legislation, can evade their responsibilities towards those protected structures. We seek to ensure the entire legal profession and all financial institutions clearly understand they have a duty, so they do not end up in situations where a protected structure on a site is left go to wrack and ruin because it does not suit the agenda of that company. There are planning permissions for extensions of facilities, and the protected structure is to the side. It is in the way of the company's intention and it is allowed fall into such a state of disrepair that it becomes an dangerous building and has to be pulled down. There is a duty on those who have protected structures to protect them.

I received a response from the Minister of State in the past about Moatville in Charleville or Ráth Luirc, County Cork. I think Kerry Ingredients has it. I am not asking him to comment on it because he has given me the answer in the Dáil. However, it is derelict. The company has to take some action before it get its planning permission intact. It can wait until the last minute and another five years of damage could be done to that structure in that instance. That may not be the intention, but that is the way it is looked at. That is often what we perceive when we see protected structures going into dereliction. We know the case of the Iveagh Markets in Dublin. That is another one. If it is left derelict by a financial institution or whatever, it is convenient that more damage be done to that structure, because they can fix it up with a modern approach or building. A protected structure can often be a hindrance and the same could be said of the approach to Moore Street over the years. It was allowed go to wrack and ruin. Those with protected structures in their care, whether they own them or received them as liquidators, still have a duty. That is the message from this part. It does not matter who has it, they have to protect it.

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