COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE (1)
Monday, February 24, 2014
HEADED ITEM NO.
HEADED ITEM: Environmental Services Dept.
DERELICT SITES
REPORT:
In accordance with Section 3 of the Derelict Sites Act, l990 a derelict site is defined 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 statute or by common law'.
In accordance with the provisions of the Act of l990 a Section 11 Notice is served
'(1) Where
(a) in the opinion of the local authority it is necessary to do so, in order to prevent land situate in their functional area from becoming or continuing to be a derelict site,
or
(b) a local authority have been directed to do so by the Minister under Section l2,
they shall serve a notice in writing on any person who appears to them to be the owner or occupier of the said land.
2. A notice under this section shall –
(a) specify the measures which the local authority or the Minister, as the case may be, consider to be necessary in order to prevent the land from becoming or continuing to be a derelict site,
(b) direct the person on whom the notice is being served to take such measures as may be specified in the notice, and
(c) specify a period (being not less than one month) within which such measures are to be taken; provided, however, the notice shall not have effect until –
(i) the expiration of fourteen days from the date of service of the notice, or
(ii)if any representations are made under subsection (3), the date on which the local authority notify the person making such representations that they have considered the said representations.'
A Section 8(2) Notice provides –
'Before making any entry on the register in relation to any land, the local authority shall give to any owner and occupier, where they can be ascertained by reasonable enquiry, notice of their intention to make such entry and shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice and may either make the entry or not as they think proper having regard to such representations.'
A Section 8 (7) Notice provides –
'Notice of an entry in the register shall be served by the local authority on the owner and occupier of a site in respect of which an entry has been made in the register where such persons can be ascertained by reasonable enquiry.'
A Section 8 (7) notice is served where an owner and occupier has failed to respond to a Section 8 (2) Notice and where the owner and occupier has failed to take steps to render the site non derelict.
The Council's Enforcement and Licensing Division undertakes a number of standard checks when investigating derelict sites. These include a folio check to establish ownership and a planning check to establish the planning history on the property/site in question. Experience has shown that a number of sites countywide under investigation have gone into Liquidation or been taken over by a Receiver and this can sometimes delay the initiation of appropriate legal action. Where a site subject to investigation under the Derelict Sites Act l990 has the benefit of a planning permission, contact is made with the owner to establish his/her intentions in relation to the development of the site prior to taking legal action. This approach has generated positive response where action has been taken by the owner to commence development of the site so as to abate the dereliction. Where a site under investigation is the subject of a current planning application, the site will be monitored pending the decision of the Planning Authority and if and where a grant of planning permission issues, the owner of the site will be asked to confirm his intentions for the development of the site and to provide a timeframe for commencement of development. Where a site under investigation is up for sale, close contact is maintained by the Council's Enforcement and Licensing staff with the Auctioneer/Agent so as to ensure accuracy/currency of information and to ensure no delays are taken in initiation of appropriate legal action under the Derelict Sites Act l990.
All derelict sites entered on the Derelict Sites Register in accordance with Section 8 (7) of the Act are being digitally mapped.
In addition to the properties/sites identified in the attached summary report, the Council, through consorted efforts of Environmental Services Department under the Derelict Sites Act l990 and Local Government Sanitary Services Act l964, the office of the Environmental Health Officers under the Public Health (Ireland) Act l878 and the Housing Department, a number of abandoned privately owned properties throughout the County are being investigated, some of which are located within the area of this Committee.
The attached summary report outlines the position in relation to Derelict Sites within the area of this Committee; activity to date reflects the Council's commitment to actively pursuing all powers available to the local authority under the Derelict Sites Act l990.