COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LUCAN AREA COMMITTEE
Tuesday, September 27, 2011
QUESTION NO. 28
QUESTION: Councillor C. Jones
To ask the Manager about the outcome of representations to Fingal County Council regarding the examination of a piece of land at the rear of Weirview cottages (SDCC area) owing to fears about the dangerous nature of the site?
REPLY:
Following the Lucan Area Committee Meeting on the 24th of May, 2011, the Director of Services, Environment & Social Development, Fingal County Council, was written to regarding the area around Weirview Cottages, Lucan, which is in the administrative area of Fingal County Council. The following report was received from the Senior Engineer, Fingal County Council;
"An inspection of the above site carried out on 23rd September 2011 revealed the following:
Weirview Cottages are located close to the River Liffey at Lucan Co. Dublin. The Cottages themselves are within the administrative area of Dublin South Co. Council but the rear gardens of the houses are in the Fingal County Council administrative area.
From a planning point of view there were no unauthorised developments in that portion of the site which is within the Fingal County Council area which might warrant enforcement action under the Planning Code.
In terms of the Derelict Sites legislation the Planning Inspector is of the view that the rear garden of No. 14 Weirview Cottages does not warrant any action by Fingal County Council at the present time. At the time of inspection the rear gardens of No. 14 or other cottages in the terrace are viewable from the public road or any public place.
There are a number of other rear gardens in Weirview Cottages which are in a significantly more unkempt condition than the subject site and it would seem unreasonable to initiate action in this case.
The Derelict Sites Act 1990 was enacted in June 1990 provides for more effective arrangements against land dereliction. It repeals the Derelict Sites Act 1961 and restates its relevant provisions thus consolidating the law on derelict sites and provides for an annual levy on certain derelict sites in urban areas.
The relevant sections of the 1990 Derelict Sites Act have been examined and the Judgement in a 2007 High Court case where this legislation was examined by Mr Justice O’Higgins and the Inspectorate Division is satisfied that this particular site (specifically that part which is in the Fingal area) would not constitute a derelict site under the Derelict Sites Act 1990."