COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF TALLAGHT AREA COMMITTEE 2

Monday, October 22, 2007

QUESTION NO. 2

QUESTION: Councillor M. Corr

"To ask the Manager to outline in detail the history of the illegal traveller encampment that exists to the rear of a privately owned bungalow property on the Fortunestown Lane - to indicate what progress this issue has made to date in its legal process so that residents in the surrounding areas who are significantly inconvenienced and intimidated by this illegal development can review fully the Council's commitment and efficiency in the matter?"

REPLY:

Planning Enforcement Section received a complaint in February 2005 in relation to the above lands. Following an inspection of the lands by the Planning Inspector and receipt of land ownership details from Land Registry, an Enforcement Notice dated 12th May 2005, pursuant to Section 154 of the Planning & Development Act 2000 was served on the owner of the lands. The Enforcement Notice required:-

1. The cessation of use of lands for storage of caravans/mobile homes/motorised camper vans and their uses as places of residence

2. The cessation of the use of the land for the storage of materials and motor vehicles used in the construction/maintenance of buildings.

Following a further inspection of the lands by the Planning Inspector, a decision to pursue this matter by way of Injunction in the Circuit Court was made. A Warning Letter dated 4th August 2005, pursuant to Section 160 of the Planning & Development Act 2000 was sent by registered post. This letter required that within a period of 4 weeks from the date of the latter that (i) the unauthorised use of the lands for the storage of caravans / mobile homes and motorised campervans cease, (ii) the cessation of the use of the lands for the storage of motor vehicles / vans used in the construction industry and (iii) the cessation of the use of the lands for the storage / distribution of building materials or any commercial use.

The Warning Letter also advised that failure to comply with the requirements of the letter would leave the Council with no option but to apply to the Dublin Circuit Court seeking an Injunction under Section 160 of the Planning & Development Act 2000 seeking the cessation of all unauthorised development on the lands.

However, this Warning Letter was returned to Planning Enforcement undelivered by An Post.

In order that proceedings may be successfully initiated in this matter, it is essential that the Council can provide evidence of the service of the Warning Letter on the land owner. Accordingly, a summons server was engaged to serve the Warning Letter on the land owner by hand. However, following several attempts by the summons server to serve the Warning Letter, the summons server reported that he was unable to effect service of the letter.

The Gardaí in Tallaght were contacted and their assistance was requested in relation to this matter. With their support, a Warning Letter dated 15th May 2006 pursuant to Section 160 of the Planning and Development Act 2000 was successfully served. The Warning Letter required that within 4 weeks of the date of the letter that (i) The use of the lands for the storage of caravans/mobile homes and motorised campervans cease, (ii) the use of the lands for the storage of motor vehicles / vans used in the construction industry cease and (iii) the use of the lands for the storage / distribution of building materials and commercial use cease.

Evidence has been submitted by / on behalf of the owners of the property whichalleges that the caravans are in situ on the lands for more than 7 years.

If such use of the landshas taken placein excess ofseven years, the Planning Authority is statute barred from taking any further enforcement action in this matter. In order to ascertain the accuracy of this evidence, aerial photographs of the lands in question have been examined.

The County Law Agent has been instructed to initiate legal proceedings seeking Circuit Court Orders against the land owner requiring the following; (i) the use of the lands for the storage of caravans/mobile homes and motorised campervans cease, (ii) the use of the lands for the storage of motor vehicles / vans used in the construction industry cease and (iii) the use of the lands for the storage / distribution of building materials and commercial use cease.

Counsel is being engaged and briefed in this matter so that the Notice of Motion to the Circuit Court may be drafted.