Finian McGrath (Dublin North Central, Independent)
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Question 281: To ask the Minister for Communications, Marine and Natural Resources the position regarding plans to infill 52 acres at Dublin Bay; and if he will make a statement on the matter. [12254/05]

Pat Gallagher (Donegal South West, Fianna Fail)
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Dublin Port Company applied in March 2002 for ministerial consent for the reclamation of 21 hectares of foreshore in Dublin Bay. As private ownership of the foreshore in question was claimed, the application was made in accordance with the provisions of sections 10 and 13, as amended, of the Foreshore Act, 1933.

Issues arose concerning proof of ownership of this area of foreshore and these are being actively pursued by the State's legal services, acting on behalf of the Department, with Dublin Port Company's legal advisers. The ownership question is a material issue in terms of the form of consent that would be required for the proposed reclamation and the factors that I am required to consider in making a decision on the application. The proposed development will also require planning permission, and Dublin Port Company has been advised that it is more appropriate that the necessary consent under the planning process be obtained before the foreshore application is dealt with. This is in accordance with normal practice where a development wholly or partly on the foreshore requires planning permission. The essential purpose of this approach is to avoid situations in which modifications to a proposed development required by the planning process would necessitate a new application under the foreshore Acts by the applicant concerned.

Dublin City Council, the appropriate planning authority for the area, has been advised that the Minister does not object to the making of a planning application for the proposed development. It was made clear that there was no commitment on the Minister's part to grant the necessary foreshore consents for the development and that the application would have to be fully considered. In response, the city council has referred to the Dublin city development plan which provides that "It is an objective of Dublin City Council to prepare a plan for that part of Dublin Bay, from and including North Bull Island and the South Wall and up to and including Sandymount, Merrion Strand and Booterstown and also concentrated on the Port Area". The council also advised that "Planning applications for foreshore development shall be deemed premature pending the preparation of this plan".