COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE 2

Monday, November 27, 2006

HEADED ITEM No. 13

Cookstown Cottages

An Enforcement Notice pursuant to Section 154 of the Planning and Development Act, 2000 was served on the owner of The Cottage, Cookstown Road on 6 January 2004 requiring that within a period of one month from the date of the Notice that the hard standing be removed and that the use of the lands for a car sales business cease. As the Enforcement Notice was not complied with, legal proceedings under Section 154(8) of the Planning and Development Act 2000 were taken in the Dublin District Court on 14 December 2004 where the case was struck out due to a difficulty in serving a summons on the owner/occupiers.

Monitoring of the site continued and on 21 September 2005 the Planning Inspector noted that the area of hard standing had been removed. In February 2006, the area Planning Inspector reported that four no. caravans/mobile homes had been placed on the lands and were in use as dwellings.   There were also seven no. vehicles parked on the lands.  The entire curtilage of the dwelling was set out in hard surface/black- top and was in use for the parking of caravans and motor vehicles.

As a result of the difficulties experienced in relation to previous enforcement action, a decision has been made to initiate further enforcement action against the registered owner of the lands under Section 160 of the Planning and Development Act, 2000.  The co-operation and assistance of the Gardai have been sought in this regard.

Accordingly, a Warning Letter pursuant to Section 160 of the Planning and Development Act 2000 was served on the registered owner of the lands on 23 February 2006 requiring (i) the removal of the caravans/mobile homes from the lands and (ii) the cessation of the use of the hardstanding area for the parking/storing of caravans and motor vehicles.

Monitoring the site continues. The area Planning Inspector has reported that between April and July this year a chalet type structure was erected on the site and appears to be in use as a dwelling. The numbers of caravans and motor vehicles on the site vary. At his most recent inspection carried out on 29 September 2006, the Inspector noted 2 no caravans and 3 motor vehicles on the site.

The matter has been referred to the County Law Agent to initiate Circuit Court proceedings in relation to this matter.