COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, May 10, 2016

MOTION NO. 3

MOTION: Councillor P. Foley

Spawell Driving Range - Stray Golf Balls

At the Orwell Park Residents Association deputation meeting on the 25th of November last, the issue of golf balls landing in the gardens of houses in Orwell Park estate was raised. It was decided at the meeting that a letter would be written to the Health & Safety Authority requesting that a review of the situation be carried out. Can the Council confirm if this review is underway?

REPORT:

"Following the deputations meeting in October 2015 with the Orwell Park Residents Association a review of this issue was undertaken.  Contact was made with the Health and Safety Authority regarding the issue of stray golf balls from the Spawell Golf Range posing a risk to the public nearby, and their views were sought on the matter.  The HSA have advised that they have no remit in relation to this matter. The Planning Section of the Council have been consulted on the matter also and have advised that this is not a planning matter but rather a civil matter between landowners.  The Council's Law Dept have also been contacted regarding the matter and their advice as to the Council's legal standing in this matter is awaited. 

The following is a copy of the text of the reply issued by the HSA -

" HSA Head Office, Metropolitan Building, James Joyce Street, Dublin 1

Ref ID: 99799      

Dear Mr. Magee,

This issue does not come within the remit of the Authority. The Authority has overall responsibility for the administration and enforcement of occupational health and safety in Ireland.

We monitor compliance with legislation at the workplace and can take enforcement action (up to and including prosecutions).The HSA can only address matters that arise under our legislation – i.e. The Safety, Health and Welfare at Work Act 2005. Matters of public safety do not enter the remit of the Authority, with the exception of instances where EU Directives appoint the Health & Safety Authority as the Competent Authority, (e.g., Machinery Directives and Chemical Safety issues).

If you have any queries regarding occupational health and safety in the future please do not hesitate to contact the Authority.

Yours Sincerely

______________________________________

Lorcán Hynes

BSc Health & Safety Systems  | Workplace Contact Unit

Tel: (01) 799 7803

Email: lorcan_hynes@hsa.ie

Web: www.hsa.ie

Health and Safety Authority

Metropolitan Building,

James Joyce Street

Dublin D01 K0Y8"