COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, October 17, 2018

MOTION NO. 4

MOTION: Councillor B. Bonner

"That this area committee  asks for an update on a complaint form and a series of detailed submissions made by a member of Clondalkin Tidy Towns and Clondalkin Hisory Society in relation to signage which these organisations consider to be in contravention of the planning guidelines for areas of Architectural Conservation which pertain to the Clondalkin village area."

"Given the lack of any responge to the  issues raised, as well as the ongoing issues at Supersavers on Main Street, could a summary be given for the efforts  by the Council to enforce the planning regulations in relation to Clondalkin Village as an ACA." 

REPORT:

The Council will not provide specific updates on active enforcement cases beyond those specified by legislation. These updates occur on the issuance of a Warning Letter, on the issuance of an Enforcement Notice and on the closure of the enforcement action. This confidentiality is necessary because the planning enforcement process can result in a criminal conviction for the respondent. However, it may be beneficial to further detail to this Committee why such reticence is necessary.

Following receipt of a valid complaint, the Council initiates an investigation in its statutory role as a designated Planning Authority, aware of a material breach of the Planning and Development Act. In effect, it does not investigate on behalf of the complainant. This ensures that a respondent cannot unduly influence a complainant to perhaps, withdraw their complaint, and nor does it allow a respondent a defence of selective prosecution. In addition, it protects the complainant’s expectation of confidentiality by limiting their involvement to the statutory milestones.

It should be noted that the update on completion of a valid enforcement action is required by legislation and obliges the Council to inform complainants where a valid enforcement action is closed, whether it was successfully concluded or not. This means that in the absence of a letter to that effect, the enforcement action remains ongoing.

While this reply may not address all of the Committee’s concerns, it is as detailed as possible within the confines of the Council’s counsel-advised procedure and the relevant legislation.  

The Council does not accept that there has been a lack of response to the issues raised and considers the level of engagement with complainants appropriate.

When the Council receives a complaint alleging unauthorised development within Clondalkin ACA, it will determine whether that complaint is material. If the complaint is considered material, the Council will begin enforcement procedures. All material complaints are pursued with the objective of ensuring the development will be brought within the relevant grant of planning permission. Where there is no planning permission, the Council will ensure the development is ceased.