COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF TALLAGHT AREA COMMITTEE

Monday, January 28, 2019

QUESTION NO. 15

QUESTION: Councillor C. O'Connor

"To ask the Chief Executive to present an update on action being taken in respect of Planning Enforcement files in the area covered by the Tallaght Area Committee; will he give details and make a statement?"

REPLY:

"The Council does not distinguish between planning enforcement complaints based on the location of the alleged offence. As such, sufficient granularity to identify only those enforcement actions which originate within the remit of the Tallaght Area Committee is unavailable.

With that caveat, a general update on the Council’s approach to planning enforcement may demonstrate to the Committee how the process is carried out countywide. There are live enforcement files in every area, at every stage of this process.

All complaints received from members of the public or those received internally are referred to the Planning Enforcement Section in the first instance. The Section makes a determination as to their validity and materiality. Complaints from members of the public can often be immaterial as the works may be exempted development or occurring within a grant of planning permission.

Where a complaint is found to meet the required standards, an enforcement action may be initiated. This can take the form of exploratory correspondence with the landowner or the issuance of a formal warning letter. In particularly urgent instances, a Planning Enforcement Officer may be assigned immediately to investigate the issue and, if necessary, a warning letter will issue following the inspection.

A respondent will usually enter into correspondence with the Council and provide any exculpatory evidence where available. However, if there is no engagement or the planning irregularities persist, an enforcement notice may be issued. The notice will direct the respondent to carry out remedial actions within a specified time as determined by the Planning Enforcement Officer. In addition, it will also require the costs of investigating and preparing the notice to be refunded to the Council.

If the notice is not complied with, the Council may initiate Court proceedings and seek a Court Order directing compliance. This can result in a criminal conviction for the respondent as well as substantial personal costs. In addition, it is the policy of the Council to recover all costs incurred in the enforcement action from those so convicted.

The Council can provide the Committee with further information on specific enforcement actions if required. However, as these are potentially criminal investigations, any response would be limited to a description of where in the enforcement process described, the matter currently rests."