COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, January 10, 2012

QUESTION NO.12

QUESTION: Councillor A.M. Dermody

"To ask the Manager to explain the placing by a local sports club of a 40ft steel container in a residential area at Knockcullen/Elkwood, Dublin 16, without consultation with the Residents. Could you also explain how long it is envisaged that the container will be left in position and if it is the case that it is likely to be left for an indefinate period then please explain why it is that planning permission was not sought before the container was placed or indeed if it is the case that the placing of a 40ft steel container for an indefinite period comes to be exempt from the need for planning?

REPLY:

The Council provides a broad range of recreational amenities and facilities in the parks and open spaces of the county and endeavours to optimise the use of these facilities both directly, and in partnership with, local sporting and recreational organisations.  As a result, sports clubs and organizations across the county, through much valued voluntary effort, provide organised and informal recreational opportunities for thousands of children, teenagers and adults on a regular basis throughout the year. 

While the Council and individual clubs have made considerable progress, supported by successive Sports Capital Programmes, to provide permanent dressing room accommodation in public parks with active recreation facilities, it has not been possible to do this in each and every location where the Council provides such facilities.  In such cases, it has been an established practice to facilitate local club(s) seeking to provide temporary facilities pending the provision of a proper facility.  The temporary facility is usually in the form of converted shipping containers which have proven to be robust, secure and generally resistant to vandalism.  They are not ideal but they do provide a reasonable interim solution. 

In relation to Elkwood Park, the Council was approached by Knocklyon United FC to install a container on the open space to provide changing and storage facilities for teams allocated to the pitch. While the Council consented to the proposal from the club, it is acknowledged that the level of consulatation with local residents has been less than satisfactory and steps are being taken by the Council and the Club to address this. 

In relation to the issue of planning the relevant legislative framework for works to be undertaken by the Council in parks and open spaces is:  

S.I. No. 600/2001 — Planning and Development Regulations, 2001. 

Whilst these regulations require the Council to undertake Public Consultation (the so called Part 8 Public Consultation) on proposed works to be undertaken, a range of works in public parks are exempt from the requirement to go through the Part 8 process (Class 33 of the Regulations).  However, it has long been the practice of this Council to actually do so where the €126,000 threshold in the Regulations is applicable.  In this case, the value of the works undertaken is substantially below this threshold.

Further, in  Article 6  SCHEDULE 2 Part 1 Exempted Development — General of the Regulations there is an exemption under Class 36 for the work that has been undertaken and this is detailed below as follows:

CLASS 36  
(a) Development consisting of the carrying out by or on behalf of a State authority or other public body, on land used by the authority or body as a public park, of works incidental to that use, including the provision, construction or erection of any structure in connection with or for the purposes of the enjoyment of the park or which is required in connection with or for the purposes of the management or operation of the park. (b) Development consisting of the carrying out by or on behalf of a State authority or other public body on a nature reserve established in accordance with section 15 of the Wildlife Act, 1976 , as amended by sections 26 and 27 of the Wildlife (Amendment) Act, 2000 , of works (including the provision, construction or erection of structures) in connection with or for the purposes of the enjoyment of the reserve or which are required in connection with the management or operation of the reserve. 1. The floor area of any building constructed or erected shall not exceed 40 square metres. 2. The height of any building or other structure constructed or erected shall not exceed 10 metres. 3. Any car park provided or constructed shall incorporate parking space for not more than 40 cars.