COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE 1

Tuesday, December 05, 2006

MOTION NO: 13

MOTION: Councillor M. Árdagh

"That the Manager bring enforcement proceedings in relation to the change of use as documented by the residents of the area against the Builders Providers Yard in Muckross and to give a report on the matter.  Enf. File. S4183."

REPORT:

Complaints alleging a possible unauthorised use of the yard/lands to the rear of Muckross Grove/Avenue, Perrystown, Dublin 12 were received in March 2005. The alleged unauthorised use consisted of the establishment of a builders providers business trading as SLM Providers Ltd.

The lands were inspected on 1^st April 2005, at which time it was noted that they had previously been used as a depot/yard by a civil engineering contractor, Chatham Pipelines Ltd., for the storage of materials to be used in civil engineering contracts, for the storage of excavated materials from such works, the parking and keeping of vehicles needed in connection with such contracts, the carrying out of mechanical repairs to such vehicles and the running of such business.

A Warning Letter dated 29^th April 2005 was served on the directors of SLM Providers Ltd concerning the use of the land as a builder’s providers.

Further research showed that Enforcement proceedings were taken against Chatham Pipelines Ltd in 1989. The company were convicted and fined £800 in the District Court.  This conviction was appealed to the Circuit Court.  At the same time a Reference under Section 5 of the Local Government Act, 1963 was made to An Bord Pleanála contending that the lands had been used as a builders depot since before October 1964 and that the Planning Authority were precluded from taking enforcement action.  An Bord Pleanála decided in favour of the applicant and ruled that no change of use had taken place which would require planning permission.

A submission was received from Maguire McErlean Solicitors on behalf of their client SLM Providers Ltd.  In this submission SLM Providers Ltd denies that there has been any change of use in relation to the above lands and that the current use by SLM Providers Ltd is that of a builder’s yard/depot.

Following a review of the entire file, having regard to the history of this site and the lack of hard evidence that a material change of use of the lands has taken place, it appears that no further enforcement action is open to the Planning Authority in relation to this matter at this time.

However, a meeting has been scheduled for December 1st with representatives of the Residents Association to discuss this matter further.