COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, November 12, 2007
QUESTION NO. 4
QUESTION: Councillor D. Keating
To ask the Manager to report on ways in which the Special Amenity Area Order applicable to the Liffey Valley, can be extended?
REPLY:
The current procedures for making a Special Amenity Area Order are set out in Sections 202 and 203 of the Planning & Development Act 2000 below.
Extract from Planning & Development Act 2000 - Sections 202 & 203
“202.—
(1) Where, in the opinion of the planning authority, by reason of—
(a) its outstanding natural beauty, or
(b) its special recreational value,
and having regard to any benefits for nature conservation, an area should be declared under this section to be an area of special amenity, it may, by resolution, make an order to do so and the order may state the objective of the planning authority in relation to the preservation or enhancement of the character or special features of the area, including objectives for the prevention or limitation of development in the area.
(2) Where it appears to the Minister that an area should be declared under this section to be an area of special amenity by reason of—
(a) its outstanding natural beauty, or
(b) its special recreational value,
and having regard to any benefits for nature conservation, he or she may, if he or she considers it necessary, direct a planning authority to make an order under this section in relation to an area specified in the direction and may, if he or she thinks fit, require that objectives specified in the direction be included by the planning authority in the order in respect of matters and in a manner so specified, and if the Minister gives a direction under this subsection the planning authority concerned shall comply with the direction.
(3) An order made pursuant to a direction under subsection (2) shall be revoked or amended only with the consent of the Minister.
(4) An order under this section shall come into operation on being confirmed, whether with or without modification, under section 203.
(5) Where the functional areas of two planning authorities are contiguous, either authority may, with the consent of the other, make an order under this section in respect of an area in or partly in the functional area of the other.
(6) Any order under this section may be revoked or varied by a subsequent order under this section.
(7) Subject to subsection (3), a planning authority may, from time to time, review an order made under this section (excepting any order merely revoking a previous order), for the purpose of deciding whether it is desirable to revoke or amend the order.
203.—(1) As soon as may be after it has made an order under section 202, a planning authority shall publish in one or more newspapers circulating in the area to which the order relates a notice—
(a) stating the fact of the order having been made, and describing the area to which it relates,
(b) naming a place where a copy of the order and of any map referred to therein may be seen during office hours,
(c) specifying the period (not being less than 4 weeks) within which, and the manner in which, objections to the order may be made to the planning authority, and
(d) specifying that the order requires confirmation by the Board and that, where any objections are duly made to the order and are not withdrawn, an oral hearing will be held and the objections will be considered before the order is confirmed.
(2) As soon as may be after the period for making objections has expired, the planning authority may submit the order made under section 202 to the Board for confirmation, and, when making any such submission, it shall also submit to the Board any objections to the order which have been duly made and have not been withdrawn.
(3) (a) If no objection is duly made to the order, or if all objections so made are withdrawn, the Board may confirm the order made under section 202, with or without modifications, or refuse to confirm it.
(b) Where any objections to the order are not withdrawn, the Board shall hold an oral hearing and shall consider the objections, and may then confirm the order, with or without out modifications, or refuse to confirm it.
(4) Any reference in this Act, or any other enactment, to a special amenity area order shall be construed as a reference to an order confirmed under this section”.
Thus Section 202 empowers a Planning Authority to make an order by resolution where it is satisfied that an area should be declared to be an area of special amenity by reason of:
(a) its outstanding natural beauty, or
(b) its special recreational value, and having regard to any benefits for nature conservation.
An Order made under Section 202 comes into operation on being confirmed by An Bord Pleanala, with or without modifications.
It is an objective of the Council as stated in Specific Local Objective No. 3 included in the Development Plan 2004-2010 to:
“Investigate the feasibility of extending the Special Amenity Area Order to include all of the lands at Lucan Demesne, the Embassy - owned lands, the area behind Lucan BNS, St Edmondsbury, Fonthill, Woodville, the Kings Hospital and Waterstown Park, extending from the River Liffey up to the N4 and bordered by the Leixlip-Lucan Slip Road, Lucan Village Road, the Lucan Hill Road, the Lucan Road from the Church Car Park to Woodies, the N4 onwards towards the Old Lucan Road and onwards as far as Waterstown Park.”
It should be noted that a Special Area Amenity Order does not convey any right of access to the public to the lands included within it.