COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 28, 2011

MOTION NO. 11

MOTION: Councillor E. Higgins

That this Committee requests the Manager to present a detailed report, for discussion, on the reasons why planning enforcement proceedings have recently been taken against residents of Oakcourt Drive and Oakcourt Grove, Palmerston who have sought to extend their rear garden boundary walls?

REPORT:

Complaints were received by Planning Enforcement in relation to the extension of several rear gardens onto lands outside the existing boundaries of various dwellings in Oak Court, Palmerston.

This matter was investigated in conjunction with the Council’s Environmental Services Department, as a 1200mm surface water drain runs along the laneway at the rear of the houses in Oak Court.   Inspections found that unauthorised development was taking place in that walls have been erected along the laneway by various homeowners without the benefit of planning permission (the walls in question cannot be considered to be exempted development). 

A protocol document was prepared outlining what proposals the Planning Authority would consider acceptable when considering planning applications in relation to development on the laneway.  A copy of this protocol was sent to each household in question on 14th January 2011, advising that if a planning application was submitted in the context of the protocol document, such an application would be positively considered.

Following the issue of the protocol document, no planning applications have been received for retention of the unauthorised developments erected along the laneway.

Further inspections of the lands at the end of May 2011 found that the unauthorised walls remain in place, and accordingly, Enforcement Notices were served requiring the removal of the unauthorised developments.  Failure to comply with the requirements of an Enforcement Notice is a criminal offence and as such may lead to the initiation of legal proceedings in this regard.