COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, October 12, 2010
HEADED ITEM NO. 7
UPDATE ON THE STRIP OF LAND BETWEEN MOYVILLE & PALMER PARK
At the meeting of the Rathfarnham Area Committee held on 14/9/2010 the following report was presented for the consideration of the members:
"The Council at its meeting held on 8th March 2010 approved the disposal of a strip of land adjacent to the property at 34A Moyville Estate to the respective houseowners, up to the extent of its ownership with the boundaries of the properties at 40-47 Palmer Park. The disposal has not yet been finalised and the owners of 34A Moyville have been requested to submit their proposals to deal with the rectification and re-instatement of boundary with the Palmer Park properties and in particular No. 45 Palmer Park and also provision of suitable land drain to prevent an overspill of surface water onto the Palmer Park properties.
A response is awaited and the Council's Solicitor has been requested to defer any action on the transfer of the land for the time being, pending receipt of an appropriate response in the matter."
Following discussion it was agreed that a further report on the matter would be presented to the next Area Committee Meeting.
In the meantime, the Council has arranged for a survey of the boundary wall to be carried out from the property at 45 Palmer Park and has consulted with the Law Agent in relation to the issues raised.
The survey indicates that any encroachment onto the property at 45 Palmer Park is of a minor nature and the Law Agent has advised that the encroachment, if any, is a civil matter between the respective owners of the two properties in question.
A further letter has issued to the owners of the property at 34A Moyville to clarify the issues raised.
Enforcement History:
An Enforcement Notice was served on 3rd May 2007 which required the following:
1. Remove in its entirety the structure described on approved drawing no. D-1 as “Existing 111 sq.m. 4.7m high playroom to be demolished”
2. Remove in its entirety the underground structure erected to the side of No. 34A Moyville
3. Remove in its entirety the concrete block wall to the rear of houses No’s 44, 45 and 46 Palmer Park
4. Remove in its entirety the timber fence erected to the rear of houses No’s 46 and 47 Palmer Park
5. Restore the strip of land between the townland boundary line and the rear of No’s 44 to 47 Palmer Park to its condition prior to enclosure into the garden of 34 Moyville.
6. Return the strip of land which existed between the townland boundary line and the rear gardens of house no’s 44 to 47 inclusive Palmer Park to its condition prior to its incorporation into the curtilage of No. 34A Moyville
7. Erect a Pro.2000 high timber fence as indicated on approved drawing C-2 along the property line, i.e. townland boundary line
As the Notice was not complied with legal proceedings were initiated.
This case was heard on 9th December 2008 wherein the defendant pleaded guilty and the Judge imposed the Probation Act. The Judge did not grant an Order in relation to compliance with the enforcement notice.
Until there is a change in circumstances (e.g. land is transferred or a decision is made not to transfer the land), no further enforcement action is open to the Planning Authority.