COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, May 22, 2012

MOTION NO. 19

MOTION: Councillor W. Lavelle

"That this Committee requests the Manager to present a detailed report, for discussion, on current planning enforcement proceedings relating to the erection of garden walls at Rossberry Terrace."

REPORT:

Planning Permission was granted on 1st April 1999 under Register Reference S98A/0567 for "108 dwellings and associated site development and landscape works on a circa 5.2 hectare site with access from permitted (S97A/0559) district distributor road linking Griffeen Road to Hayden's Lane and Esker Road“, subject to conditions.

Condition No. 10 (c) states:

That the road network for the development be in accordance with the requirements of the Council's Roads Department in particular: (c) Where shared surface are provided in cul-de-sacs, a 2 metre strip for each side shall be clearly delineated from the front gardens.

It came to the attention of the Planning Authority that a number of house owners in the Rossberry Terrace/Avenue/Court area had erected walling to the front/side boundaries of their properties encompassing/building over service utilities in non-compliance with the above condition.  Following an investigation and a report from the Roads Department that the walling constitutes a traffic hazard, Enforcement Notices pursuant to Section 154 of the Planning & Development Act 2000 (as amended) were issued to the  owners, on 28th February 2012 requiring within the period commencing 1st March 2012 and ending 24th May 2012, that they remove the walling and re-instate the grassed margin of 2 metres in width.

In conjuction with any submissions recieved in response to the Enforcement Notices issued, the lands will be re-inspected after the 24th May 2012. Following this, the Planning Authority will consider what approporaite action to take. The Members will be kept informed in this regard.