COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, January 12, 2010
HEADED ITEM NO. 5
UNAUTHORISED DEVELOPMENT - LANDYS INDUSTRIAL ESTATE
Roller Disco
On Friday 18th December, an Enforcement notice under S155 of the Planning and Development Act was served by hand to the residence of Noel Reynolds, owner of the premises at Landy’s Industrial Estate which was being converted to roller disco/rink. The notice required the immediate cessation of all works.
On the same day the possibility of obtaining an ex parte injunction to prevent the opening of a roller disco was discussed with the Law Department’s Senior Solicitor. Her advice was that such an application was unlikely to be successful, but that we could proceed with injunction proceedings in the normal manner. She has been instructed to do this.
That afternoon a man claiming to be the operator of the roller disco called to the Planning Counter to lodge a Fire Safety Certificate application. He stated that it was his intention to open that night (Friday) and that the Fire Department had been on to him, and had told him he needed the Certificate.
He was advised of the Council’s concern about this operation, and that injunction proceedings were commencing against the owner, and that as operator he would probably be joined in these proceedings.
He stated that in light of this, he would not open until matters were sorted out.
Later that afternoon, Noel Reynolds, owner of the property, verbally gave an undertaking (by phone) that he would not proceed with the roller disco, but would lodge a planning application.
An inspection on Monday 21st December found
“The gates to the lands at the end of the entrance avenue were closed and there was no evidence of activity ongoing.”
A further inspection on 4th January confirmed that no activity was taking place.
Car Repair business
Following receipt of complaints, on 10th December last a Warning Letter under S152 of the Planning and Development Act, 2000 issued regarding allegations of
" ..... the change of use of the above premises to use as a motor vehicle repair/service business without the benefit of planning permission."
The person to whom the letter was issued has until 11th January 2010 to make a submission in response.
After that date, having made all necessary investigations, and taking into account all relevant information, a decision will be made on whether or not to issue an Enforcement Notice under S154 of the Planning and Development Act, 2000.
The matter has also been referred to the HSE’s Environmental Health Office for investigation regarding excessive noise.