COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, November 08, 2011

MOTION NO. 18

MOTION: Councillor P. Cosgrave

"That the Manager give a report on the lands at the rear of 34a Moyville with regard to the enforcement order placed on the owner of the land and what progress has been made.

The enforcement orders content differs substantially from the first order some years ago.

There seems to be no understanding to the comments given at a previous Rathfarnham Committee Meeting by Councillors on the planning file or history of past record of objection of Palmer Park residents."

REPORT:

Following an examination of the lands an Enforcement Notice pursuant to S154 of the Planning & Development Act 2000 (as amended) was served on the Owner/Occupiers on 03rd August 2011 requiring that the following steps be taken:-

(i)                 Remove the timber fence erected on top of the walling along the rear boundary to the rear gardens at Nos. 44, 45, 46, 47 and 48 Palmers Park, Rathfarnham, Dublin 14, and which forms the existing north western boundary to the side and rear gardens at No. 34A, Moyville, Rathfarnham, Dublin 14.

(ii)               Remove the flat roof of the underground structure situated outside the curtilage of and along the north western side of the house at No. 34A, Moyville, Rathfarnham Dublin 14.

(iii)             Reduce the height of the north western wall of the underground structure and the existing boundary walling situated outside the curtilage at No. 34A, Moyville, Rathfarnham, Dublin 14 to a height of 2 metres above the level of the rear gardens at No’s 44, 45, 46, 47 and 48, Palmer Park, Rathfarnham, Dublin 14, save as with the written consent of the owners of said properties.

(iv)             Erect a new retaining wall below ground level along the north western property line/townland boundary line at No. 34A, Moyville, Rethfarnham, Dublin 14, extending from approximately 1 metre forward of the front building line in a north eastern direction to the rear boundary line.

(v)               Erect a new wall/timber fence to a height of 2 metres above the existing ground level at and along the north western property line/townland boundary line to No. 34A, Moyville, Rathfarnham, Dublin 14, extending from approximately 1 metre forward of the front building line in a north eastern direction to the rear boundary line.

(vi)             Resultant debris arising from compliance with Steps (ii) and (iii) above to be deposited as fill material in the remaining part of the underground structure situated within the curtilage of No. 34A, Moyville, Rathfarnham, Dublin 14.

(vii)           Remove timber decking acting as a roof over the access to the underground structure situated within the curtilage of No. 34A, Moyville, Rathfarnham, Dublin 14 and replace with a concrete slab on top of the deposited fill debris.

(viii)         Leave the area situated between the north western property boundary line/townland boundary line to No. 34A, Moyville, Rathfarnham Dublin 14 and the rear boundary to  house No. 44, 45, 46, 47 & 48, Palmers Park, Rathfarnham, Dublin 14, free of any development other than defined boundary retaining walls at each end together with the walls at (iii) and (iv) above.

The owners of the property are currently taking steps to rectify the unauthorised development. Further Enforcement action is being held in abeyance to allow this Enforcement Notice to be complied with in full.

Other issues desired by the complainant such as the provision of a frosted window, the type of timber fencing to be used etc are not planning matters in this particular instance and as such it is appropriate that the Enforcement Notice does not set out any requirements in relation to such details.