John Perry (Sligo-Leitrim, Fine Gael)
Link to this: Individually | In context

Question 202: To ask the Minister for Communications, Marine and Natural Resources when he will issue a formal decision in relation to the application by the Dublin Port Company for a consent and a lease under the Foreshore Act 1933; if his attention has been drawn to the fact that his decision under this Act is required in order that the Dublin Port Company can make an application to the planning authorities for planning permission; the reason he has not made a decision; when a decision will be made; and if he will make a statement on the matter. [6597/05]

Pat Gallagher (Donegal South West, Fianna Fail)
Link to this: Individually | In context

I assume that the Deputy's question relates to the application by Dublin Port Company for reclamation of 21 hectares of foreshore at Dublin Port. I do not accept that a decision under the Foreshore Acts 1933 to 2003 is required in order for Dublin Port Company to make application for planning permission for this development to Dublin City Council. Section 225 of the Planning and Development Act 2000 specifies that where such a development would adjoin the functional area of a planning authority or adjoin any reclaimed land adjoining such functional area, planning permission is required. This provision is in addition and not in substitution for the requirements of the Foreshore Acts.

For practical reasons it has been the general policy of the Department that, where planning permission is required for developments on the foreshore, the planning process should be completed in the first instance. Notwithstanding this, initial processing of a foreshore application is carried out while the planning process is in train.

There is a second major issue to be resolved regarding the foreshore application which was made under sections 10 and 13 of the Foreshore Act 1933 on the basis that the company claims ownership of the foreshore in question. At this point in time the State has not accepted this claim and the matter is the subject of ongoing consultation between legal representatives of the port company and the State. The matter will require to be resolved as it is a material issue in terms of the form of consent that would be required and the factors that I am required to consider in the context of making a decision on the application. My officials have explained this position on a number of occasions to the Dublin Port Company.