COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, October 17, 2018

MOTION NO. 3

MOTION: Councillor E. Higgins

"That this Committee get an update on the impact of the An Bord Pleanala ruling to refuse Substitute Consent for activity at Behan's Quarry, Rathcoole, and a report on how we, as a Council, intend to enforce this ruling. Residents in the Windmill Hill area are exasperated by the ongoing disturbances emanating from the activity at the quarry." 

REPORT:

The impact of An Bord Pleanála’s refusal to grant substitute consent for works at Windmill Hill, Rathcoole, Co. Dublin, is that some of the ongoing activity at that site is now classified as unauthorised development and is therefore, contrary to the proper planning and sustainable development of the area.

The Council intends to enforce the ruling by adhering to the same enforcement procedure used in any situation where unauthorised development is alleged. This procedure is defined by legislation and guided by advice from counsel. It ensures the enforcement process is fair and transparent.

As such, the Council will investigate to determine the scope and scale of the unauthorised development.  Concurrently, the Council has issued a warning letter to the Developer under S. 152 of the Act. The warning letter acts as an opportunity for the respondent to engage in the enforcement process prior to the issuance of an enforcement notice, should that become necessary.