COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF TALLAGHT AREA COMMITTEE 2

Monday, October 22, 2007

MOTION NO. 1

MOTION: Councillor M. Corr

CATHAOIRLEACH'S BUSINESS

That the Manager undertakes on an estate by estate basis in Tallaght an inspection to identify all dwellings that are breaching planning regulations by erecting satellite dishes at the front of the properties and to ensure that action is taken such as making owners aware of the regulations and requesting that the dish is removed.

REPORT:

Class 4 (b) of the Second Schedule, Part 1 of the Planning & Development Regulations 2001 provides that the provision of a satellite dish within the curtilage of a house is exempt from the requirement to obtain planning permission, subject to certain conditions and limitations. These conditions and limitations state that no antenna shall be erected on, or forward of, the front wall of the house nor shall an antenna be erected on the front roof of the house or higher than the highest part of the roof of the house. Section 2 of the Planning & Development Act 2000 defines a “house” as a building or part of a building used as a dwelling, including a building designed for use as two or more dwellings or a flat or apartment. Satellite dishes may be provided to the front or on the front roof of a house only where planning permission has been received.

There are in-excess of 24,200 housing units in the Tallaght Electoral Areas with a further 2,000 units approx. under construction. The Council’s Planning Enforcement Section does not have the resources to undertake a visit to every house and apartment in the Tallaght area, check its planning history, identify ownership, serve Warning Letters, serve Enforcement Notices, initiate and pursue prosecutions in relation to satellite dishes. In addition, the Planning & Development Act 2000 also prohibits the Council from taking Enforcement Action where seven years has elapsed since the carrying out of the development so evidence as to when a dish was erected is also needed to successfully initiate enforcement action. Such a programme could not be undertaken without diverting all the resources from the other enforcement areas of the County.

However, if there is a specific estate, or individual houses, causing concern, and for which details can be provided, these will be examined.