COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE 2

Monday, November 26, 2007

QUESTION NO. 5

QUESTION: Councillor J. Neville

"To ask the Manager for a detailed update on the issue of enforcement as outlined in question 1 (under planning) at the Tallaght Area Committee meeting of May 28th, 2007 and will the Manager please note that the fencing has not been removed and the issue of anti-social activity still remains?"

REPLY:

Planning permission, subject to conditions was granted on 23 June 2003 by An Bord Pleanála for the following proposed development “Residential development consisting of 23 no 2 bed bungalows and 20 no semi detached and terraced 3 bed, 2 storey house and associated parking, open spaces and site development works on site” on lands south of Maplewood Drive and north of the Tallaght bypass to Maplewood Developments Ltd. (Reg Ref SD02A/0284 refers)

An area to the north of the development site was used by the developer as a site compound. To secure the site compound a high railing was erected on top of the wall separating Maplewood Avenue and Raheen Drive. The provision of temporary fencing to secure a site during the course of development works is exempt from the requirement to obtain planning permission by virtue of Art 16 of the Planning & Development Regulations, 2001.

Development is now complete and the fence should be removed as it can no longer be considered exempt development. However, when approached, the developer reported that he had been requested by local residents to leave the fence to protect those houses that back onto Raheen Drive from unwanted access.

Accordingly, an Enforcement Notice pursuant to Section 154 of the Planning & Development Act 2000 has been served requiring the removal of the fence on or before 17 December 2007. Failure to comply with the requirements of the Notice may lead to the initiation of legal proceedings.