COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 11, 2013

MOTION NO. 2

MOTION: Councillor W. Lavelle

That this Council requests the Manager to prepare a protocol or guide on the classification of derelict sites so as to ensure consistency and provide clarity to inspectors, landowners and the public, including on the definition of factors to be assessed and considered when inspecting potentially derelict sites

REPORT:

A recently initiated review of some 50 sites previously investigated has, from 43 inspected so far, identified 22 sites that shold now be included on the register as derelict.  Notices are being drafted to landowners in these cases while the remaining sites are inspected.  Landowners for all sites will be notified of requirements for works required and will be pursued under the full range of powers available under the Act to ensure that dereliction is prevented and removed.

A list of 26 further sites requiring attention has been compiled during surveys of the villages undertaken as part of the Village Initiative.  These sites are also being considered for inclusion on the register or necessary works.

The Legislation itself provides a protocol for dealing with Derelict Sites.  The Act provides a definition of a derelict site (set out below) that is sufficiently broad, and powers sufficiently extensive to allow the varying nature of the sites involved to be assessed on their individual merits.  A derelict site is defined in the Derelict Sites Act 1990, as any "land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of

(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or

(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question, or

(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statue or by common law."

The Derelict Sites Act 1990 provides local authorities with wide ranging powers such as requiring works to prevent a site from becoming or continuing to be a derelict site, entering a site on the Derelict Sites Register, acquiring a derelict site compulsorily.