COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, November 19, 2014

MOTION NO. 2

MOTION: Councillor E. Higgins

That the Chief Executive provides an update on activity in Windmill Hill, Co. Dublin with consideration to Part IV of Section 59 of the Planning and Developments Act 2000 - 2011.

REPORT:

Under the current application submitted to An Bord Pleanála for substitute consent in accordance with Section 177I of the Planning and Development Acts 2000 to 2011 the lands adjacent to the Protected Structure (Stone Windmill RPS Ref. 358) are within the extractable area of the existing quarry. Until a decision in relation to the consent application for the quarry development site has been made by An Bord Pleanala, an Enforcement investigation cannot progress given this is potentially a possible enforcement issue with regard to possible unauthorised development/encroachment outside the extractable lands for which substitute consent has been applied for and may be granted.

With regard the Protected Structure, although the structure may be under threat, the threat is indirect by nature of the development taking place in the adjacent lands. Under Part IV of the act a Section 59 Endangerment Notice may be served on an owner/ occupier whereby a Planning Authority believes direct damage or neglect is being caused to a Protected Structure. Until a direct threat or damage to the Protected Structure has been established a Section 59 cannot be served in this instance. Under the previous applications for these lands a buffer zone was established to protect the existing structure and conditions pertaining to the protection of this structure formed part of the conditions attached to a grant of permission which is now under review as part of the application for substitute consent by An Bord Pleanála.

This matter is still under investigation and an update will be provided with regard to progress.