COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE (2)

Tuesday, October 28, 2008

MOTION NO. 9

MOTION: Councillor J. Neville

That this Committee discuss the continued presence of a Telecommunications Support Mast at 1 Cookstown Cottages, Cookstown Lane, with specific reference to the recent Council's decision to refuse an application for exempted development status for such a structure (Reference number EDO8/0008).

REPORT:

An Enforcement Notice pursuant to Section 154 of the Planning & Development Act 2000 was served on the owner of the above lands and also on the operator of the mast requiring with the specified period commencing 26th February 2008 and ending 25th March 2008 the removal of the telecommunications support mast and all associated equipment/cabinets in its entirety.

The Planning Authority was subsequently advised that the mast was being operated by a different company and a further Enforcement Notice was served requiring works to be carried out by 25th April 2008.

A Section 5 Declaration of Exempted Development was lodged by the operator of the mast on 18th March 2008 and a decision was made on the 29th July 2008 under Register Reference ED08/0008 that the telecommunications support mast and associated equipment/cabinets erected on the lands at 1, Cookstown Cottages is DEVELOPMENT and NOT Exempted Development.

The operators of  equipment attached to the mast were contacted by letter and requested to submit a time-frame for the removal of the support mast and associated equipment/ cabinets.  To date no reply to this letter has been received.

Accordingly, legal proceedings are being initiated in relation to non- compliance with the requirements of the Enforcement Notice which was served requiring the removal of the telecommunications support mast and all associated equipments/ cabinets in its entirity from the lands.