Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source

I thank Deputies O'Callaghan and Ward for raising this very important matter. I appreciate that both Deputies have considerable concerns relating to the demolition of The O'Rahilly's house at 40 Herbert Park, Dublin 4. I understand that permission for such works was granted by An Bord Pleanála on 8 September 2020. The Deputies should be aware that under section 30 of the Planning and Development Act 2000, as amended, Ministers and Ministers of State are specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned, except in very specific and extreme circumstances which do not apply in this instance. Therefore, it would be inappropriate for me as Minister of State with responsibility for planning matters to comment on the merits or otherwise of the board's decision to grant permission for the demolition works in question or to express an opinion as to whether the works should have been progressed or not. Under planning legislation the decision as to whether to grant planning permission on an application, with or without conditions, is a matter for the relevant planning authority or An Bord Pleanála on appeal. In making decisions on planning applications a planning authority, or An Bord Pleanála on appeal, is required to have regard to the proper planning and sustainable development of the area, the provisions of the development plan, any submissions or observations received and relevant ministerial or Government policies, including any guidelines issued by the Department of Housing, Planning and Local Government. An Bord Pleanála, in determining an appeal, decides the matter as if the application had been made to it in the first instance.

Under section 50 of the 2000 Act, anyone may apply to the High Court seeking a judicial review of any decision made by a planning authority or An Bord Pleanála where the person believes the validity of the decision may be in question. The application must be made within eight weeks of the authority of An Bord Pleanála's decision, which in this case has not yet lapsed. It is a matter for the relevant planning authority, in this case Dublin City Council, to decide on any further action it may wish to take.

With regard to the safeguards for protected structures, Part IV of the Planning and Development Act 2000 gives primary responsibility to local authorities to identify and protect architectural heritage by including particular structures on the record of protected structures, RPS. Inclusion on the RPS places a duty of care on the owners and occupiers of protected structures and also gives planning authorities powers to deal with any development proposals affecting them. I understand the building in question was not included on the current RPS of Dublin City Council.

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