COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE (2)

Monday, November 24, 2008

QUESTION NO. 13

QUESTION: Councillor S. Crowe

"To ask the manager will he outline when, in what month or year  he first  received  phone,correspondence or complaints in regard to the illegal Mast at Cookstown Cottages ( Register Reference ED08/0008) does he agree that this an unacceptable delay by the Council enforcement section and will he make a statement on this important  matter outlining any new measures he proposes to introduce in the light of the long and  negative experience  in relation to this matter?".

REPLY:

"Complaints were first received in March 2006 in relation to this matter.  Following inspection a Warning Letter pursuant to Section 152 of the Planning & Development Act 2000 was issued to the owner on 13th June 2006.  Submissions were received in July 2006 and following consideration of same, an Enforcement Notice pursuant to Section 154 of the Planning & Development Act 2000 was served on the owner/operator of the mast on 15th March 2007.  Further submissions were received in May 2007.  Having regard to the nature of the development and the existence of planning permission for certain specified development on the site, the examination of submissions and research into the status of the of the development on the lands took some time. 

It was necessary for a further enforcement notice to be served and 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 within 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 application was lodged by the operator 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 operator of  the equipment was then contacted by letter and requested to submit a time-frame for the removal of the support mast and associated equipment/ cabinets.  As the equipment and the mast have not been removed to date, legal proceedings have been 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 entirety from the lands.  Currently a court date is awaited".