COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 25, 2013

QUESTION NO. 13

QUESTION: Councillor G. O'Connell

"To ask the Manager what are the conditions under which a Marquee type tent can be erected by a Trader to the front of their premises for extensive periods and on a regular basis, which residents find takes from the amenity and ascetic value of the neighbourhood and to state in the reply if the trader in question (named) has breached the regulations this year and what steps the Council have taken to both monitor the observance of the relevant regulation and to take appropriate action for any infringement?"

REPLY:

Under Class 37, Exempted Development – General of the Planning & Development Regulations 2001 (as amended) the erection of a marquee type structure may generally be classed as exempted development provided that it meets certain conditions and limitations attached to class 37, i.e.

1. The land shall not be used for any such purposes either continuously for a period exceeding 15 days or occasionally for periods exceeding in aggregate 30 days in any year.

2. On the discontinuance of such use the land shall be reinstated save to such extent as may be authorised or required by a permission under the Act.

A Warning letter pursuant to Section 152 of the Planning & Development Act 2000 (as amended) issued to the Owner/Occupier of the *address* the 25th March 2013, in relation to alleged unauthorised development consisting of the erection of a marquee type structure to front of the property which may be in breach of class 37 of Exempted Development - General of the Planning and Development Regulations 2001 (as amended).

This matter remains under active investigation by the Planning Authority and a decision will be made shortly in relation to the taking of any further necessary enforcement action.