COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, November 24, 2015

MOTION NO. 11

MOTION: Councillor W. Lavelle

"That this Committee requests the Chief Executive to present a detailed report, for discussion, outlining the current status as well a detailed timeline of complaints and actions to date, regarding planning enforcement case S7272, which relates to complaints regarding serious noise and odour pollution arising from the deficient operation of mechanical air handling units at the rear of Gala Supermarket, Rosse Court, in alleged contravention of condition No 3(a) of planning permission SD11A/0198; and to further outline the actions now being taken by the planning authority  given that permission SD11A/0198 granted temporary permission for three years only, which has now well expired; and that separate planning application SD15A/0003 was recently deemed to have been withdrawn."

REPORT: 

On receipt of complaints  a Warning Letter pursuant to Section 152 of the Planning and Development Act 2000 (as amended) issued to the owners/occupiers of the Supermarket Unit at Rosse Court on 10th July, 2013 for alleged non-compliance with Condition 4 of planning permission granted under Register Reference SD11A/0198.

An investigation was carried out and it was found that unauthorised development had been carried out consisting of non-compliance with Condition Nos.1 and 3(a) of planning permission granted under Register Reference SD11A/0198 in that a large panel had been removed from above the doorway of the timber enclosure and loud noise was emanating from the fans, which was having a negative impact on the residential amenity of the existing apartments or public spaces in the vicinity of the premises.  The findings of the Environmental Health Officer were taken into account in this investigation.

Accordingly, an Enforcement Notice pursuant to Section 154 of the Planning and Development Acts, 2000 (as amended), issued to the Owners/Occupiers on 1st October 2013 requiring within the period commencing 3rd October 2013 and ending 10th October 2013 that the following works be carried out:

(i)               Reinstate the large panel above the doorway of the timber enclosure which houses the air handling units at Unit 2A/2B, Rosse Court Square, Balgaddy, Lucan, Co. Dublin

(ii)              Remove any items stored directly inside or outside the timber enclosure.

Following the receipt of a submission from one of the parties to the Enforcement Notice where it was stated that he had no involvement in the lands the Enforcement Notice was declared withdrawn.  A further Enforcement Notice dated 22nd January 2014 was served requiring the works described above to be carried out within the period commencing 24th January 2014 and ending 14th February 2014.

A further submission was received informing the Council that the property had been sold accordingly a new Enforcement Notice dated 10th April 2014 was served.  This Enforcement Notice required the works as set out above to be carried out within the period commencing 14th April 2014 and ending 6th May 2014. 

A request was received from the new owners for an extension of time in order to address the issues.  An extension was granted up to and including 1st July 2014.

The planning permission granted under register reference SD11A/0198 expired on 24th January 2015.  

A planning application was received under Planning Register Reference Number SD15A/0003 on 7th January 2015 for the following development at Unit 2a - 2b Rosse Court House, Lucan

'External plant and plant enclosure (21 square metres) to include the removal of existing plant and plant enclosure'.

This application was declared withdrawn on 29th September 2015.

The matter remains under investigation.