COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, September 27, 2011

MOTION NO. 3

MOTION: Councillor E. Higgins

That this Committee requests the Manager, with respect to planning enforcemeant proceedings taken against residents of Oakcourt, Palmerston, Dublin 20 regarding development of new rear boundary walls encompassing lands adjoining the rear laneway, to revisit these proceedings in light of fresh information that the lands adjoining the rear laneway were NOT in fact habitually open to the public. A post and wire fence (albeit in poor repair) was in place indicating this area was not habitually open to the public. Therefore, development which would otherwise be deemed exempt under the planning regulations, should not be ruled non-exempt on these grounds.

Note - I will provide photographs of this fence at the meeting

REPORT:

The Planning and Development Act 2010 states;

(7) Where a planning authority establishes, following an investigation under this section that unauthorised development (other than development that is of a trivial or minor nature) has been or is being carried out and the person who has carried out or is carrying out the develop­ment has not proceeded to remedy the position, then the authority shall issue an enforcement notice under this section or make an application pursuant to section 160 unless there are compelling reasons for not doing so.”.

As detailed in the Enforcement Notices served, the following constitutes unauthorised development;

The erection of a concrete block wall erected on lands at the rear of and outside the curtilage of each relevant dwelling and along the edge of a service laneway.

The above development is considered to be unauthorised development as it cannot be considered to be exempt from the requirement of planning permission, and currently it does not have the benefit of planning permission.

Correspondence dated 19^th October 2010 issued from the Planning Department to each relevant land owner, with a copy of the agreed protocol attached.  This letter advised each land owner that the Planning Authority shall have regard to the agreed protocol when considering any further planning applications in relation to the walls or other development constructed on the recently acquired open space to the rear of the dwellings on Oakcourt Drive.  Mr Judge’s letter also advised that should an application for planning permission be submitted in compliance with the conditions set out in the attached document, it is likely to be positively considered.

As the unauthorised development remains in place and no planning applications as per the agreed protocol have been submitted, Enforcement Notices were served requiring the removal of the unauthorised developments within a specified timeframe.

Subsequent to the expiration of the specified period for compliance stated in each Enforcement Notice, the lands have been re-inspected by the Senior Planning Inspector.  The reports submitted on foot of these inspections are currently under consideration.