COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, January 28, 2014

MOTION NO. 8

MOTION: Councillor W. Lavelle

"That this Area Committee requests the Manager to present a detailed report, for discussion, on the investigation requested at the October meeting of this Committee into residents' complaints of non-compliance with condition No. 3 of planning permission SD11A/0198 arising from the unsatisfactory operation of air handling units at Building Group 5, Rosse Court which in turn has impacted negatively on the residential amenity of apartments and duplexes in the block."

REPORT: 

An Enforcement Notice under Section 154(5)(a)(ii) of the Planning & Development Act 2000 (as amended) was served on the owners/occupiers of the above lands on the 22nd January 2014.  The Enforcement Notice requires that:

within the specified period commencing 24^th January 2014 and ending 14^th February 2014, the following steps to be taken;

Comply with Conditions No.1 & No. 3 of planning permission granted under Register Reference SD11A/0198 by carrying out the following:

1.      Operate the air handling units granted retention under Register Reference SD11A/0198 in such a manner so as not to impact negatively on the residential amenity of the existing apartments or public spaces in the vicinity of the premises by reason of emission of malodours or other deleterious materials or by noise or vibration.

 2.      Submit, for the written agreement of the Planning Authority, an acoustic assessment to demonstrate expected reductions in noise level following the implementation of noise control measures as outlined in the AWN acoustic report submitted under Register Reference SD11A/0198.

 You will be updated as the matter progresses.