COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE 2

Monday, December 17, 2007

HEADED ITEM NO. 10

Firing Range at Aghfarrell, Brittas

Since September 2005 complaints were received from three third parties that a quarry at Aghfarrell, Brittas was being used as a firing range. Between then and February 2007 a number of inspections was carried out at the location, and Enforcement Notices requiring the cessation of use as a firing range, and the removal of incidental unauthorized structures were served.

The occupiers of the lands responded to these notices by removing the unauthorized structures, and have submitted letters and affidavits from a number of their members stating that these lands have been in use as a firing range for many years, even prior to 1963.

The matter was discussed with Dixon Quinlan Solicitors, who act for the Council in cases such as these, and their advice is that on the basis of the information on file enforcement proceedings are very unlikely to be successful.

To be successful, the Council would have to establish two things:

1. That within the last seven years a change of use has taken place

2. that such change of use was material.

Even if the first point could be established, in order to establish the second, the Council would need very strong evidence, ideally from local people, to establish the worsened impacts of the development on residents in the area.

Although the complainants have submitted affidavits stating that the lands were not previously used as a firing range, as the occupiers have submitted affidavits attesting to the contrary the Council is not in a position to proceed.

The complainants will be advised of the situation.