COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SDZ, LAPS AND PLANNING PROJECTS

Thursday, January 23, 2020

MOTION NO.16

MOTION: Councillor Teresa Costello

Special Council Meeting to Consider the Draft Tallaght Town Centre Local Area Plan

That the council takes every step to ensure that high rise apartment dwellings are located in a appropriate context; that the highest fire safety regulations are enforced and that conditions are set down by planners when granting planning permission to ensure that the highest possible security arrangements are in place for residents and to ensure the conditions are also enforced around the establishment of management companies in these complexes so as to ensure that future residents can live both securely and in the knowledge that they are living in  a complex that will be managed professionally and within their financial means going forward

REPORT:

Provisions of the Draft LAP and recommended Chief Executive amendments are set out to ensure that taller buildings are located in an appropriate context, e.g. the area around the Square where existing buildings are typically 8-10 storeys and reach up to 13 storeys has been identified as the appropriate location for the tallest buildings envisaged for the area reaching up to a similar height. On the other hand, key objectives for The Village include that any new developments respect the existing context and Architectural Conservation Area.

The issue of fire safety is dealt with through the Building Regulations, which apply to the design and construction of new buildings.

A Fire Safety Certificate is required before commencement of work consisting of new buildings as well as material change of use and most alterations and extensions to which building regulations apply with certain exceptions. Dublin Fire Brigade process applications for Fire Safety Certificates made to South Dublin County Council for properties located within the Councils administrative area.

The management of private housing developments is primarily a matter for the developers and residents of those developments. The ownership and management of the common areas of multi-unit developments are regulated under the Multi-Unit Developments Act 2011. Amongst other matters, the Act provides that before a developer sells any units:

• An owners' management company must be set up, and
• The common areas of the development must be transferred to the owners' management company to manage.

Management companies must also comply with company law. The main piece of company law in Ireland is the Companies Act 2014.

Under the ‘Sustainable Urban Housing: Design Standards for New Apartments: Guidelines for Planning Authorities’ (2018) consideration of the long-term running costs and the eventual manner of compliance of the proposal with the Multi-Unit Developments Act, 2011 are matters which should be considered as part of any assessment of a proposed apartment development.

Accordingly, planning applications for apartment developments shall include a building lifecycle report which in turn includes an assessment of long term running and maintenance costs as they would apply on a per residential unit basis at the time of application, as well as demonstrating what measures have been specifically considered by the proposer to effectively manage and reduce costs for the benefit of residents.

RECOMMENDATION:

No further amendment required as clarification on these matters has been provided.