Phil Hogan (Carlow-Kilkenny, Fine Gael)

I thank Deputy Eoghan Murphy for raising this matter and I will give him information regarding the issues he has raised. My Department has made inquiries of Dublin City Council on this matter and I am informed that the Marine Terminal Limited site on Pigeon House Road has a long established port-related industrial use dating back to 1975 or thereabouts.

Dublin City Council received a complaint in October 2010 that an alleged intensification of use had occurred at this site and that additional gantries had been erected some time in the past. I understand that this was the first planning complaint made about activities on the site. A section 5 planning referral under the Planning and Development Act 2000 was submitted to Dublin City Council on 10 February 2011 to establish whether the construction of three gantries erected in 2002 to the south of the site and the alleged intensification of use of the site constituted exempted development under the Planning Acts. The council concluded that the gantries referred to do not constitute exempted development and this was reflected in a decision taken on the matter by the city council on 9 March 2011.

I understand that the city council has formed the view that given the passage of time since the commencement of the development, it is statutorily barred under section 157 (4)(a)(i) of the Planning and Development Act 2000 from taking any enforcement action to secure the removal of the gantries.

Insofar as the intensification issue is concerned, this matter was considered in the section 5 referral by the city council but its decision of 9 March concluded that there was insufficient information submitted with the application to determine at that time whether intensification had occurred. The council was not in a position to take action in respect of the gantries on the basis of the evidence presented. While the file remains open, I understand it is not anticipated that any further planning enforcement action will be possible in respect of the current use of the site unless new information or evidence comes to light. However, there are existing specific legislative provisions for residents experiencing noise pollution. Section 107 of the Environmental Protection Agency Act 1992 provides local authorities with powers to require measures to be taken to prevent or limit noise from any premises, processes or works. The environment section of Dublin City Council is the appropriate contact point for reporting a noise nuisance of this kind. I understand that a recently introduced pilot scheme makes it possible to log an environmental complaint with Dublin City Council, on a 24 hours seven days basis, by phoning 1850 365 121. I also understand the council carried out an investigation in February 2011 on foot of noise-related complaints in relation to the site in question, during which noise levels of nine decibels above background were recorded. It is a matter for the council to consider what follow-up action is required in this regard.

It should also be noted that under section 108 of the EPA Act, it is open to any person or group of persons, including a local authority, to seek an order in the District Court to have abated any noise giving reasonable cause for annoyance. The procedures involved have been simplified to allow action to be taken without legal representation.

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