COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM/TEMPLEOGUE/FIRHOUSE/BOHERNABREENA AREA COMMITTEE
Tuesday, March 10, 2020
MOTION NO.12
MOTION: Councillor Mary Seery-Kearney
Edenbrook Court Rathfarnham
Motion: This area committee now requires that the council report and investigate on the actions that have occurred; whether there has been any consultation with the Council on works in that area or proposed works. As the area is now a health and safety hazard to the children in the estate, the removal of the railings and gate is an unlawful act as they formed the perimeter fence of the estate, the Council needs to act in defence of public safety and to clarify the status of that estate, regarding being taken in charge, ownership of the pedestrian access, and enforcement of the planning permission.
REPORT:
The development at Edenbrook Court, Rathfarnham, Dublin 16, referred to in this motion, is the subject of an investigation into an alleged criminal offence, committed under section 151 of the Planning and Development Act, 2000 (as amended). As such, and on the advice of counsel, the Council is restricted in the information it can disclose.
A brief overview of the Council’s efforts so far is as follows:
Beginning February 20th, the Council received several complaints relating to development at Edenbrook Court, Rathfarnham, Dublin 16. A desktop investigation was carried out to determine whether the complaints were material. On the 24th February, the decision was taken to initiate a full enforcement investigation and to facilitate this, the lands were referred to the Council’s Property and Title Unit to determine ownership.
Concurrently, a Warning Letter issued to the last owner of record as identified by planning enforcement staff. The Warning Letter includes a statutory response period of four weeks for the respondent to make a submission on the allegations contained within. The matter rests there while ownership is determined, and the statutory response period expires.
Following the expiration of the response period, the Council will make a decision on whether an Enforcement Notice should issue. At that time, anyone that is on the Council’s enforcement file will receive a notification of that decision. Should any Councillors wish to be appended to the file, they should notify the Planning Enforcement team at planenforcement@sdublincoco.ie.