COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE 1
Tuesday, October 02, 2007
MOTION NO. 8
MOTION: Councillor T. McDermott
"That the Manager report on the action being taken by SDCC on a range of issues regarding the builders yard in Muckross including: use contrary to planning regulations, procurement negotiations, works to the lane, noise and dust, health and safety, unauthorised adjustments to the entrance of the lane, representations and complaints by the public."
REPORT:
Further to previous reports on the yard to the rear of Muckross Avenue, which is currently occupied by SLM Builders Providers Ltd, the following is an update on the various courses of action being pursued across several Council Departments:
Planning Enforcement (Planning Dept)
Monitoring of the yard and activities therein is continuing. A further meeting with the local Residents’ Association was held on 1st May 2007 to discuss the planning and enforcement issues relating to the yard. Photographs and other evidence of activities within the yard were submitted by the residents. The enforcement file has been referred to the County Solicitor to obtain Counsel’s advice on the most appropriate action to be taken in this matter. Counsel's advice in this matter is awaited.
A further Enforcement Notice issued to the owner on 15th June 2007 requiring that the infill open sided structure erected along the north east boundary of the lands comprising of a flat roof and 3 no. solid concrete block piers be removed.
The Planning Inspector has reported that requirements of the above Enforcement Notice have not been complied with. Accordingly, legal proceedings have been initiated in this matter.
Procurement/ Acquisition (Development Dept)
The Council’s Valuer was instructed some months ago to commence negotiations with the owners of this site with a view to acquiring same.
To date the Valuer has not received a response from the owners. When the Valuers report is received an updated report will be provided to the members.
It should however be noted, as expressed at previous committee meetings, that while the Valuer is in negotiations , there is no onus on a private landowner to sell land to the Council.
Laneway Mantainance (Roads Dept)
Repairs were carried out to the laneway so as to render the surface safe. The entire laneway was then surfaced in macadam in early May. The dishing of the footpath at the entrance to the laneway is under investigation by the Roads Dept.
Noise and Dust Pollution (Environmental Health Office)
The Environmental Health Officer has reported the following;
“The S.L.M. Builders Providers premises have been visited on a number of occasions by this Office. On all occasions the proprietor has been taking best practicable means to prevent the occurrence of an air pollution nuisance. A sprinkler system is in place on the wall above the mounds of sand and is used on a regular basis.
With regard to the complaints concerning a noise nuisance emanating from the above premises, the hours of operation have been limited to 07.00am – 7.00pm Monday to Friday and 9.00am to 1.00pm Saturdays. Noise monitoring has been carried out on a number of occasions in the home of a resident adjacent to the SLM premises. A total of 24 fifteen minute readings were taken between the 4th May 2007 and the 22nd May 2007. The fifteen minute readings were taken when there was activity in the site of SLM and during periods where there was no activity in the site. The results of the monitoring on the 22nd May 2007 indicated a small rise in the Laeq between activity in the site and no activity. The results on all other monitoring days indicated no difference between activity and no activity in the site.
The Environmental Health Inspectorate has concluded from its investigations that “there is no action open to this department to take on foot of this monitoring”.
Representations/Complaints by members of the Public
Planning Enforcement is continuing to investigate the subject lands. Any further information in this respect that members of the public may have, should be forwarded directly to Planning Enforcement so that this information may form part of the enforcement investigation.