COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, October 13, 2008

MOTION NO. 3

MOTION: Councillor G. O'Connell

That this Council adopt a policy of restoring the boundary in a manner that meets the reasonable concerns of  property owners where the Council or its agents interfere with existing boundary treatment and in particular the Manager responsible restore the boundaries that have been damaged by the M50 and or N4 works given that the current approach of “replacing like with like” is not a practical proposition for residents who enjoyed a hedge and trees that took some 40 years to mature and who now are exposed to air, noise and light pollution and who have their security and privacy breached both by the interference to the hedgerow and the new heightened contours of the road combined with the effects of increased volumes of traffic, higher speed caused by the free flow system which are not eliminated by the improved road surface or the proposed landscaping.

REPORT: 

It has always been Council policy to replace boundaries to properties in such a manner as to return the property to its original condition, in so far as it is practicable, to the satisfaction of the land owner from whom land is purchased. In certain circumstances enhanced boundary treatment is provided where there is a justifiable need and then in particular circumstances only by agreement with the land owner.  The Council does not, nor has it any right to, interfere with other property. 

There is an obligation on the Council to repair any damage caused to private property which it has damaged during the course of its works and this is normally done on a like for like basis consistent with statutory obligations imposed on the Council in terms of expenditure of public monies in a proper fashion and other obligations imposed from time to time.  

The particular concerns mentioned in relation to the M50 and N4 works relating to increased volumes of traffic, higher speed, heightened contours etc. were addressed in the respective EIS's, and approved by An Bord pleanala. Mitigation measures approved by An Bord Pleanala were incorporated into the construction contracts.