Tommy Broughan (Dublin North East, Labour)
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I warmly thank the Minister of State, Deputy McGinley, for coming to the Chamber to deal with this matter on the afternoon of Holy Thursday. As he is well aware, the Howth Peninsula has been a favourite walking location for visitors and residents alike for many centuries. Well over 500,000 people from across Dublin and the whole mid-Leinster region, and indeed from abroad, visit the peninsula and the town of Howth every year. Just this morning, hundreds of very welcome visitors arrived to enjoy the amenities of the town and the peninsula. Many walkers traverse the old tram line, the historic loop walkway and the rights of way across the east and west mountains on the Howth Peninsula every year. They enjoy its unique flora and fauna and the spectacular views across Dublin Bay and Baldoyle Bay.

In 1996 or 1997, in response to a public-spirited campaign led by Jean Finn, the people of Howth and an organisation called Howth-Sutton 2000, which I strongly supported, the then Minister for the Environment, Deputy Howlin, ordered Fingal County Council to designate the amenity lands of Howth as a special amenity area.

I have strongly supported the efforts of community leaders on this matter over the years, including Kevin Rickard, David Caulfield, Brendan Keegan, Pat Hennessy, Helen Gilmore and Caoimhghín Ó Laoi, to preserve and maintain the magnificent walkways of Howth Peninsula. They have been strongly assisted by local Councillor Cian O'Callaghan and former Councillor David Healy.

Astonishingly, in recent years, new residents on the East Mountain have attempted to close off completely a major right of way by erecting a gate across it, fencing off some of the amenity lands and introducing changes into the fauna of the area. The walkway under threat is part of the historic loop walkway linking the Howth Summit and the Upper Cliff Road walkways to the lower cliff path near Casana Rock. It passes the entrance to Heather Cottage, the construction of which by the developer, Treasury Holdings, was opposed by the people of Howth in the mid-1990s. They saw it as the first step by the developer to privatise the East Mountain amenity lands and walkways and fill them in with concrete.

The loop walkway, which is being illegally blocked, is a primary walkway and right of way from time out of mind and is on all of the oldest Howth maps, including those used for decades by campaigners for the Howth environment. A recent public meeting on the matter confirmed the widespread local view that Fingal County Council has failed in its duty to invigilate all aspects of the special amenity area order, SAAO, which is now approaching its 20th anniversary. Indeed, it was a referral to An Bord Pleanála by environmental activists which established that the erection of a gate on the loop walkway near Heather Cottage is not an exempted development under section 5(3)(a) of the Planning and Development Act 2000.

Howth residents and visitors want to know why Fingal County Council did not order the immediate removal of the illegal gate, fencing, surface stones and fauna, and address the other violations of the Howth SAAO at this location, when these illegal and unauthorised changes were first made, and why the An Bord Pleanála decision has not been strictly enforced. They also want to know why the council lodged an application with An Bord Pleanála in August 2013 seeking further clarification of its decision, reference RL 3131, which clearly showed the erection of this large gate structure is not an exempted development. My constituents fear that this outrageous attempt to destroy an historic right of way in Howth may well be a prelude to landowners like Allenspark and Treasury Holdings alienating the amenity lands of Howth and turning the East Mountain - indeed, the entire peninsula - into a gated fortress something like Cap Ferrat on the French Riviera, reserved only for the very rich.

Some time ago, I proposed to the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, that the Howth Peninsula be added to the list of unique Irish locations to be designated as UNESCO world heritage sites. There is a strong case for such designation given the incredible beauty of Howth, its closeness to the centre of our capital city, its unique flora and fauna from its near island location, and its extraordinary history. When the first settlers arrived in Ireland 7,000 to 9,000 years ago, after the last Ice Age, they chose the Howth Peninsula for one of their first settlements. That historic background and unique environment should persuade Fingal County Council, working with our terrific environmental community leaders in Howth and Sutton, to make a strong case for Howth and its environment. First and foremost, however, we want the council and its new manager, Mr. Paul Reid, to enforce the special amenity area order without fear or favour.

Dinny McGinley (Donegal South West, Fine Gael)
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I thank Deputy Broughan for raising this important matter. Section 202 of the Planning and Development Act 2000 provides that a planning authority can decide to make an order declaring a specified area to be an area of special amenity for reasons of its outstanding beauty or special recreational value, having regard to any benefits for nature conservation as well as for the purposes of preventing or limiting development in the area. The making of a special amenity area order is a reserved function of the elected members of a local authority. However, the Minister for the Environment, Community and Local Government may, if he or she considers it necessary, direct a planning authority to make an order declaring a specified area to be an area of special amenity for reasons of its outstanding beauty or special recreational value and having regard to any benefits for nature conservation. All special amenity area orders made by a planning authority, whether on the initiative of the authority or on foot of a direction by the Minister, require confirmation by An Bord Pleanála under section 203 of the 2000 Act before they can come into effect.

The Fingal County Council special amenity area order in respect of Howth was made in 1999 and confirmed on 16 May 2000 with no conditions attached. It designates an extensive area of the Howth Peninsula as an area of special amenity in order to preserve and enhance the character and special features of the area, including its historic walkways and unique wilderness, on the basis of its outstanding natural beauty, special recreational value and a need for nature conservation. The order provided the framework for a management programme by the council for the preservation and enhancement of the character or special features of the area and for the preservation and limitation of development. The order also enabled the council to make conservation orders to protect specific flora and fauna of special amenity value or special interest where this is considered appropriate.

The Howth special area amenity management committee comprises five councillors from the Howth-Malahide area as well as representatives of residents, the commercial sector and the administrative division of Fingal County Council. The committee meets quarterly to oversee the operation of the Howth amenity area. If it is considered that additional local measures are needed to strengthen the protected status of the local amenities further, the management committee or any other local stakeholders may make proposals for the Howth special amenity area order to be reviewed. Given that the amenity area is managed under local arrangements, it would be appropriate for any such proposal to be considered by Fingal County Council in the first instance.

Tommy Broughan (Dublin North East, Labour)
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I thank the Minister of State for his response and his comments regarding the implementation and enforcement of the special amenity area order. As I have outlined, the key problem has been a lack of enforcement of that order on the part of Fingal County Council. There has been a dereliction of duty on the part of the council, particularly in recent years, in respect of these illegal fixtures on the East Mountain. I accept that this is an issue for the council to address but, from a national point of view, will the Minister of State indicate what level of consultation and invigilation takes place on the part of his Department, working with local authorities, to ensure heritage sites and areas of natural and ecological importance are adequately protected? My constituents simply want the will of the people, as expressed in the SAAO and through the Minister for the Environment, Community and Local Government and this House, to be enforced.

I am interested to know the level of monitoring by the Minister of State's Department and the Department of the Environment, Community and Local Government in respect of all heritage designations and conservation designations, including SAAOs. Do local authorities report regularly to either or both Departments on potential infringements and the actions they have taken to deal with them through the Garda, courts or whatever is necessary? People in Howth want the illegal gate, fencing and stone surfaces on the East Mountain to be removed and the changes to the fauna and landscape to be addressed forthwith. Many thousands of my constituents are desperately upset at the illegal attempt to destroy the historic right of way at Heather Cottage.

As I said, Fingal County Council has a new manager, Mr. Paul Reid, whom I understand has come from the Department of Public Expenditure and Reform. I urge him to address this serious attack on the integrity of the SAAO immediately. I ask the Minister for the Environment, Community and Local Government, Deputy Phil Hogan, to hold Mr. Reid and his council to account on this matter. I understand the Minister for Arts, Heritage and the Gaeltacht, Deputy Jimmy Deenihan, and the Minister of State, Deputy Dinny McGinley, have been drawing up a list of locations such as the Burren and other beautiful areas around the country, from Donegal to Kerry and the midlands, which might be designated as UNESCO world heritage sites. I am of the view that Howth should be added to that list.

Dinny McGinley (Donegal South West, Fine Gael)
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As already indicated, the purpose of the 1999 order was to designate a large part of Howth Peninsula as an area of special amenity in order to preserve and enhance the character and special features of the area. The Fingal county development plan 2011 to 2017 recognises Howth as one of the great natural assets of the greater Dublin area, in that it has a rich natural, built and cultural heritage. The development plan commits the Fingal County Council to ensuring that the area is protected and enhanced and that enjoyment by the public is facilitated. To this end, it includes objectives to protect and enhance the character, heritage and amenities of the Howth special amenity area in accordance with the order; protect the heritage and landscape of Howth while facilitating enjoyment by the public; implement the management plan for the special amenity area and review it, as necessary, in consultation with all relevant stakeholders; and investigate the establishment of a landscape conservation authority in the county.

The development plan objectives, in conjunction with those relating to the special amenity order, provide a significant degree of protection to the Howth Peninsula with a view to ensuring the conservation and preservation of this sensitive and scenic area. Any local proposals to strengthen the protected status of the amenities in the area may be submitted to Fingal County Council or my colleague, the Minister for the Environment, Community and Local Government, for consideration. As already stated, however, the making of a special amenity area order is a reserved function of the planning authority and would require to be confirmed by An Bord Pleánala.

I have listened to the Deputy's impassioned plea and I assure him that his comments will be conveyed to both Ministers and their Departments. The additional information requested will be forwarded to him.

Michael Kitt (Galway East, Fianna Fail)
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I take this opportunity to wish everyone a happy Easter. Cáisc faoi shéan agus faoi mhaise daoibh.