COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF TALLAGHT AREA COMMITTEE (2)

Monday, March 22, 2010

QUESTION NO. 1

QUESTION: Councillor J. Hannon

"To ask the Manager to provide a comprehensive report outlining in detail the role and actions of the Planning Dept in relation to the former Clean Build site at Bohernabreena Road, from the initial grant of permission, and including details of enforcement action, legal action (if any) and costs incurred?"

REPLY: 

Enforcement File S4132 refers. 

This site was originally in use for the storage/redistribution of wool/hides. Clean Build Ltd first occupied the lands in 2004 and commenced the use of storing/segrating builders waste material.

Following receipt of complaints in 2005, the lands in question were inspected and the matter investigated. 

A S152 Warning letter issued and submissions received were considered.   Submissions were received by the Planning Department claiming that the change of use was exempted development. However, the company were informed that planning permission was required for this change of use. The land was zoned G "to protect and improve high amenity areas" and a refuse station is not a permitted use.

Further inspections were carried out and enforcement notices were served in 2006, and 2008.  The Notice served in 2008 requiring the land owners to comply with the following:-

within the specified period commencing 13th February 2008 and ending 7th May 2008 to take the following steps:

 (i)               the use of the land for the collection, storage, sifting and segregating of construction and demolition waste to cease

(ii)             the temporary weighbridge to be dismantled and removed off site

(iii)           the pit to be filled in

  As the notice was not complied with Legal Proceedings were initiated.

The matter came before the Courts in December 2008, wherein the matter was struck out due to a difficulty in prosecuting the Notice as served.

Cleanbuild went into liquidation and a liquidator was appointed on 6th January 2009. The site was inspected by the Planning Inspector who reported that all operations had ceased on the lands and the site was closed.