COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, February 17, 2016

MOTION NO. 1

MOTION: Councillor E. Ó Broin

"To ask the Chief Executive  to present a report for discussion at the meeting detailing all actions taken in the last 2 years by SDCC to address the serious illegal dumping issues at nos 6 & 8 Kilcronan Avenue; to detail the findings of the various EHO inspections at these addresses; and to outline what the council can do in the months ahead to resolve the issue given the failure of the owners to keep the properties clean."

REPORT:

The sites at Nos. 6 and 8 Kilcronan Avenue were first investigated by the Council in early 2014, on foot of information in relation to fire damage to the properties. At the time, the properties had been abandoned and the Council secured the houses to prevent access and to remove any danger to the public.

In the intervening period, the sites have been investigated by the Environmental Health Office in relation to an accumulation of waste. On foot of inspections, warning letters were issued to the registered owner of 8 Kilcronan Avenue but no response was received and the waste was not removed. A statutory notice, pursuant to Section 110 of the Local Government (Sanitary Services) Act 1964, as amended, was issued to the registered owner but was returned as undelivered. The Environmental Health Office subsequently served the statutory notice by hand at the registered address of the owner but noted that this property appeared unoccupied. The notice was not complied with and no response was received.

These sites have been the subject of several inspections under the Derelict Sites Act 1990. Statutory notices, pursuant to Section 11 of the Derelict Sites Act 1990, were issued to the registered owners of both sites in July 2014. All were returned as undelivered.  Section 11 Notices were subsequently served by affixing the Notices at both sites but no progress was made.

Section 8 (2) Notices, advising of the Council’s intention to enter the particulars of the sites in the Derelict Sites Register, were also returned as undelivered and were subsequently served by affixing at the sites.

A Section 8 (7) Notice advising that the particulars of the site at 6 Kilcronan Avenue had been entered in the Derelict Sites Register was served on one of the registered owners by registered post at an address which the Council had become aware of. A Section 8 (7) Notice will be served on the owner of 8 Kilcronan Avenue imminently by affixing at the site.

As a result of persistent dumping, these sites have also been the subject of numerous investigations by the Litter Warden Service. Unfortunately, it has not been possible to take enforcement action as no evidence has been found during any of the searches of the dumped material and no witness has come forward to identify those engaged in illegal dumping.   

The Council’s Public Realm Section has carried out seventy-two (72) clean-ups in the Kilcronan area over the past two (2) years with five (5) of those carried out in Kilcronan Avenue, including the removal of an accumulation of dumped material from the gardens of Nos. 6 and 8 Kilcronan Avenue.

Extensive efforts have been made by the Council in the past two (2) years to establish the whereabouts of all owners of the said properties but correspondence is routinely returned as undelivered. It is understood that at one stage in 2015, one of the owners of 6 Kilcronan Avenue contacted an Elected Member of this Council in relation to the enforcement action taken by the Council. It was hoped that the owner could be convinced to contact the Council directly to address the problems at his property but unfortunately, these efforts came to nothing.  

The Council will continue to monitor the sites in accordance with the Derelict Sites Act 1990 and the Litter Pollution Act 1997, as amended. Recent inspections have found large quantities of material dumped illegally in the front and back gardens of No. 8 while No. 6 was found to be relatively litter free. Unfortunately, no enforcement action can be taken as no evidence was found. Arrangements are being made to have the material removed.