COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, January 28, 2014

MOTION NO. 10

MOTION: Councillor W. Lavelle

"That this Area Committee requests the Manager to present a report, for discussion, on the outcome of District & Circuit Court proceedings (c. 2002-2003) in the case S3222 in relation to porches constructed to the front of No's 11& 12 Weirview, Lucan; including a report on: • The orders made by the Courts? • The status of compliance with any such orders, • The potential for the Council to still seek compliance with any court orders?"

REPORT: 

The proceedings referred to in this motion were in respect of a Section 9 Notice under the Planning & Development Act 1963.  Section 9 provided the methodology and the power to serve a notice to establish details of ownership of the lands at 11 & 12 Weirview.  The failure to comply with the Section 9 Notice resulted in the matter going before the courts.

This file has been recently examined.  Arising from this examination it has been established that proceedings in relation to a Section 9 Notice of the Planning & Development Act 1963 (as amended) were heard in the District Court in September 2002.  A judgement was made which was subsequently appealed to the Circuit Court.  There is no record on file of this appeal being heard.  Despite extensive research it has not been possible to establish any further action in this matter.  For the Member's information the Council's Enforcement File S3222 was closed in 2008.

As there is no record of a court order there is no potential for the Council to seek compliance.  Ownership of the lands has been confirmed since for the purposes of subsequent separate enforcement proceedings which are ongoing.