COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE
Tuesday, June 13, 2017
MOTION NO. 14
MOTION: Councillor A-M. Dermody
"That a report be provided with regard to the status of Willbrook Park laneway, residents believe that their request for the walkway/laneway in Council ownership to be subdivided and taken into their back gardens has been ignored and 'parked' by the Chief Executive. The report ought to include a full summary of planning enforcement complaints, the number of complaints received, action taken and result achieved pertaining to a house that abuts this laneway area with residents believing that the matter was not thoroughly investigated and that their observations and those of elected public representatives were ignored and that the planning investigation fell short of proper governance and due process. Please also comment on the ascertain by some residents that another resident has annexed a portion of this laneway without any license/permission from South Dublin County Council and the Chief Executive has failed to take the appropriate actions to protect Council assets. The remaining portion of laneway is not even being maintained by Public Realm with any regularity, on any works schedule. Can the Chief Executive make a statement on the current position, explain the decisions that were taken heretofore and what plans he has for the area going into the future"
REPORT:
"There are three main elements to this report as requested.
Firstly, the Council would like to assure the residents that the matter has not been ignored or parked. This is a complex issue with numerous parties involved and it is taking time to deal with the respective issues.
The second issues relates to Planning as follows:
3 complaints (including 2 from Elected Members) were received in respect of the alleged carrying out of development on the lands at 14 Willbrook Park following the expiry of Planning Permission granted under Register Reference SD09A/0459. The initial complaint was received on 29th July 2015.
On foot of these complaints, the Planning Authority opened an enforcement file (S7641) and issued a Section 152 Warning Letter on 14th August 2015. The Owner/Occupier was afforded the opportunity to make a written submission or observation to the Planning Authority within 28 days of the S152 Warning Letter (i.e. 15th September 2015). A Warning Letter submission was received on 12th September 2015.
Following investigation, there was no evidence that construction of the dwelling (No. 14A Willbrook Park) took place later than the expiry date (11th March 2015) of the permission granted under register reference SD09A/0459. The development is substantially complete as per time of inspection.
Having regard to the investigation carried out on site and given the burden of proof in a criminal prosecution, further enforcement action on this matter is not warranted by the Planning Authority due to insufficient evidence. Enforcement file was closed and complainants notified.
The Third Issue relates to the alleged ‘annexing’ of a portion of the laneway by one resident. This is being investigated / addressed however as it is a live enforcement file limited information can be made available at this time. It can be confirmed that a meeting and site inspections have taken place resulting in warning letters being issued. Another meeting is due to take place imminently after which time a decision will be made on referral to the Law Department for action."