COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, November 17, 2010

MOTION NO. 17

MOTION: Councillor R. Dowds

That this Committee recommends that South Dublin County Council does all in its power to ascertain whether illegal substances are being burnt in the chimney in Neilsen's Coal Yard on Monastery Road, Clondalkin.

REPORT:

There is a history of complaints from local residents about alleged smoke nuisance from the high chimney at Nielson's coal yard. However, there was only one complaint during 2009 and this is the first complaint for 2010.

The Environmental Health Officers Department has dedicated a great deal of time and energy in pursuing these complaints but have not been successful in establishing an nuisance or any offence.

Throughout the winter of 2003/2004 Environmental Health Officers spent months attending directly when a complaint was lodged and on not one of the half dozen occasions when they attended, black smoke was witnessed to the extent to constitute a public health nuisance. The response time between receipt of the complaint and attendance on each occasion was less than 10 minutes. On no occasion was there burning in the yard itself.

The smoke comes from an elevated aluminium chimney stack located in Nielson's coal yard which serves a domestic premises. The issue is not therefore connected to the business. This means that any smoke produced must be dealt with as a statutory nuisance. The EHOS must observe the smoke and form the opinion that the smoke is excessive and likely to cause a nuisance.

The Council has been advised that materials being burned are not in breach of any legislation and the property owner has been requested to ensure that this remains so. The EHOs continue to observe the situation. However, there is no sequence to the complaints and has proved impossible to establish a nuisance. The local residents have not provided diary information when requested.