COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF LUCAN AREA COMMITTEE
Tuesday, September 25, 2012
MOTION NO. 2
MOTION: Councillor E. Higgins
"That the Manager provide, as per motion 9 at the June ACM, a detailed report on the planning application and conditions of the bungalow at Woodfarm/Red Cow Cottages, with a view to resolving the safety concerns regarding the access road to the side of No. 1 Woodfarm Cottages and corner to the rear."
Report:
Introduction
Following refusal of planning permission by Dublin County Council for a bungalow on lands to the rear of 1 Woodfarm Cottages, Palmerstown. Permission was granted on appeal by An Bord Pleanala in October 1986. The register reference for this application was 86A/205 PL 6/5/71559
The reasons for refusal of planning permission by Dublin County Council related to piecemeal development, zoning, traffic hazard, premature development (prior to preparation of a co-ordinated plan for the area) and orientation of the proposed dwelling. It is noted that the third reason for refusal stated: The site is served by a narrow and inadequate landeway and the traffic movements to which the proposed development would give rise would endanger (sic) public safety by reason of traffic hazard.
The applicant appealed the County Council decision to refuse to An Bord Pleanala which granted planning permission on the 09/10/1986 subject to the following 4 conditions.
Condition 1: The house shall be set back a minimum of 70 feet from the laneway.
REASON: In the interests of orderly development.
Condition 2 Detailed plans and particulars shall be submitted to and agreed with the planning authority prior to the commencement of development providing for a scheme for the treatment of all four boundaries of the site.
REASON: In the interests of visual and residential amenity.
Condition 3 The developers shall pay a sum of money to Dublin County Council as a contribution towards a) the improvement of lane between the Main Street and the site and b) the provision of public water supply and piped sewerage facilities in the area. The amount to be paid and the time and method of payment shall be agreed between the developers and the said Council before the development is commenced or, failing agreement, shall be as determined by An Bord Pleanala.
REASON: It is considered reasonable that the a contribution should be made towards the cost of road improvement works and the provision of services by the Council which facilitate the development.
Condition 4. Water supply and drainage arrangements shall comply in all respects with the requirements of the planning authority.
REASON: In the interests of public health
It has not been possible to gain a copy of the An Bord Pleanala Planning Inspectors report.
Condition 3 required the payment of monies for the upgrading of the access lane. The condition did not require the upgrading of the lane. The upgrading of the lane is therefore not a matter for the Planning Department.
It is noted that planning permission for the works was granted on the 9th October 1986. Proceedings for offences under the 2000 Planning and Development Act (as amended), such as non-compliance with conditions can only be taken for development that commenced on or after 11 March 2002. Works undertaken prior to this date must have had action undertaken within 5 years of commencement of development. As no action relating to bungalow was taken before the 11th March 2002, it is considered that any enforcement action relation to the grant of planning permission and attached conditions are statute barred from enforcement action at this time.