Tommy Broughan (Dublin North East, Independent)
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344. To ask the Minister for Environment, Community and Local Government further to a Topical Issue debate on 17 April 2014 regarding the special amenity area at Howth, County Dublin, if the additional information is now to hand. [27277/14]

Jan O'Sullivan (Limerick City, Labour)
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As the Deputy is aware, the special amenity area at Howth, County Dublin is managed under local arrangements involving Fingal County Council and local interest groups.

The background to the Deputy’s question relates to the erection of a gate at Heather Cottage, Howth. Fingal County Council (pursuant to section 152 of the Planning & Development Act, 2000 as amended) issued a Warning Letter to the owner of the cottage on foot of the erection of the gate. In response, the previous owner sought clarification by way of a referral under section 5 of the Act to clarify if the erection of the gate was exempted development. In this regard, it is contended by the previous and current owners that the gateway was erected in compliance with the conditions and limitations associated with Class 5 of Part 1, Schedule 2 of the Planning Regulations, and that the pathway which would be closed off by this gate is not a public right of way. As such, they contend that it is exempted development under the planning legislation. 

Fingal County Council, considering all the facts and details submitted, concurred with the previous and current owners that the development in question (i.e. the erection of the gate) was exempted development.  This determination by Fingal County Council was appealed to An Bord Pleanála by a local group, Howth Pathways.  An Bord Pleanala subsequently set aside the determination of the Council and decided that the erection of the gate constituted development and was not exempt. This Section 5 determination is now the subject of High Court Proceedings.

In September 2013, the High Court made an Order putting a stay on any steps being taken or any action being initiated pending final determination of the proceedings. Consequently any action by Fingal County Council in respect of the statutory Warning Letter originally issued must be stayed in accordance with the terms of the High Court Order. The proceedings were listed in the High Court Judicial Review list in November 2013 and again in January 2014 but they were deferred on each occasion. Pending final determination on this matter by the High Court, Fingal County Council is precluded from taking any enforcement action in relation to this matter.