COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF CLONDALKIN AREA COMMITTEE
Wednesday, February 20, 2019
MOTION NO. 11
MOTION: Councillor E. Higgins
"That this committee gets a legal update on the enforcement of planning at Behan's Quarry, Rathcoole."
REPORT:
As this Committee is aware from a previous update on January 16th 2019, the Council initiated a planning enforcement investigation following receipt of the decision by An Bord Pleanála to refuse substitute consent to Behan’s Quarry, Windmill Hill, Rathcoole, Co. Dublin.
The Council issued a warning letter which referred to the ‘continued operation of the quarry in the absence of a grant of substitute consent’ and invited exculpatory submissions from the respondent.
In reply, the respondent provided correspondence which stated that leave to judicially review An Bord Pleanála’s decision had been granted and that, furthermore, the respondent intended to seek an order to quash that decision.
As this decision currently grounds the Council’s planning enforcement action, it would be imprudent to pursue it further while its materiality remains before the Courts. As such, the Council is closely monitoring the situation but in effect, the enforcement action is being held in abeyance until the matter of the judicial review is disposed of. At that time the Council will revisit it.
In conclusion, it should be noted that the Council cannot provide this Committee with specific updates on the progression of planning enforcement actions outside of that previously available in the public realm. These actions can result in criminal penalties for the respondent and, on the advice of counsel, must not be discussed in an open forum. For that reason, the Council may only provide this Committee with the statutory updates on specific files, i.e. at the issuance of a warning letter, the issuance of an enforcement notice and at an investigation's conclusion.