COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LUCAN AREA COMMITTEE
Tuesday, April 26, 2011
MOTION NO. 16
MOTION: Councillor G. O'Connell
As a follow up to my previous motions and questions on the matter, with reference to the:- Planning permission granted on 31st October 1989 by An Bord Pleanála under Register Reference 88A/666 and PL/6/5/78396 for the construction of 91 houses at Riversdale, Lucan Road, Palmerstown, Co. Dublin, which included at Condition No. 9 of the Grant of Planning Permission stated inter alia:
The walls at the rear of the proposed houses numbers 2 to 24 and along the western boundary of the site shall be retained at their existing heights and shall, prior to the construction of any of the houses hereby permitted, be repaired, made good and improved, where necessary, with walling that matches the said walls..
The above condition relates to several boundary walls of various dwellings constructed on the lands.
In 1999 the Council issued High Court proceedings under Section 27 of the Local Government (Planning & Development) Act 1976 against Caslan Developments in respect of the outstanding works to be carried out in order to bring the estate up to taking in charge standards. The proceedings included the non-compliance with Condition No 9.
An adjournment of the case was sought by the developer and this was agreed to by the Council in order to allow negotiations to be carried out. After several further adjournments, the case was adjourned generally with liberty to re-enter in February 2000.
Given the above history and the fact that the residents concerned had every reason to believe that the Council were looking after their interests especially in the taking of legal action and that additionally the wall forms part of the boundary of the Watertown Public Park which is in the control of this Council, this Area Committee now calls on the Manager responsible to have a safety inspection of the wall carried out without delay and a report brought to (the June meeting) to include proposals for it to “be prepared, made good and improved, where necessary, with walling that matches the said walls”
REPORT:
As outlined in the Report to the Lucan Area Committee on 23rd November 2010 the Council does not accept any responsibility in respect of this wall arising from Planning Permission granted in 1988 and that a proper tie in between the old and new wall should have been carried out by the Developer when constructing the new wall. The Architects Department have reported on two recent occasions that the wall does not warrant any action under the Dangerous Structures Legislation. However, as requested a further safety inspection of the wall will be carried out and its findings presented to the June meeting of the Committee.