COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, October 22, 2013

MOTION NO. 21

MOTION: Councillor W. Lavelle

"That this Area Committee notes the very serious concerns expressed by residents regarding noise pollution and odours emanating from air-handling units to the rear of a shop unit at Rosse Court, and requests the Manager to present a detailed report (to include the findings of any Environmental Health Officer investigations) in relation to the planning enforcement response to these complaints."

REPORT: 

On receipt of complaints  a Warning Letter pursuant to Section 152 of the Planning and Development Act 2000 (as amended) issued to the owners/occupiers of the Supermarket Unit at Rosse Court on 10th July, 2013 for alleged non-compliance with Condition 4 of planning permission granted under Register Reference SD11A/0198.

An investigation was carried out and it was found that unauthorised development had been carried out consisting of non-compliance with Condition Nos.1 and 3(a) of planning permission granted under Register Reference SD11A/0198 in that a large panel had been removed from above the doorway of the timber enclosure and loud noise was emanating from the fans, which was having a negative impact on the residential amenity of the existing apartments or public spaces in the vicinity of the premises.  The findings of the Environmental Health Officer were taken into account in this investigation.

Accordingly, an Enforcement Notice pursuant to Section 154 of the Planning and Development Acts, 2000 (as amended), issued to the Owners/Occupiers on 1st October 2013 requiring within the period commencing 3rd October 2013 and ending 10th October 2013 that the following works be carried out:

(i)               Reinstate the large panel above the doorway of the timber enclosure which houses the air handling units at Unit 2A/2B, Rosse Court Square, Balgaddy, Lucan, Co. Dublin

(ii)              Remove any items stored directly inside or outside the timber enclosure.

An inspection will be carried out in the coming days in order to determine compliance with the Enforcement Notice dated 1st October 2013. Failure to comply with the requirements of this notice may lead to the initiation of legal proceedings in the matter.