COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF LUCAN/PALMERSTOWN/FONTHILL AREA COMMITTEE

Tuesday, May 26, 2020

QUESTION NO. 23

QUESTION: Councillor P. Gogarty

That the Chief Executive outlines the actions it can take and is taking to address the recent fencing off of lands beside Lucan Newlands Road associated with the Brookvale development, including the taking in of the historic right of way, separate to the existing paved footpath and to reinstate this area back to allow public access, especially in light of the fact that SDCC was supposed to take the lands in charge following requirements from the developer being met, lands which Lucan Tidy Towns has maintained in a voluntary capacity over a period of many years; and if a statement can be made on the matter.

REPORT:

The Council initiated a Planning Enforcement investigation into this matter to determine whether unauthorised development has occurred.

A warning letter issued to the owner of the property adjoining the alleged unauthorised development. As per the legislation, this warning letter allows the Respondent four weeks to make a submission on the allegations presented. However, due to the Covid-19 restrictions, a series of Ministerial Orders issued, the net effect of which, saw all statutory periods extended by an additional 56 days. Following the expiration of this period, the Council will decide whether further enforcement proceedings are required.

Should the Council, following investigation, determine that the installation of fencing was unauthorised development, it has a range of powers to have the development regularised, including directing compliance by Enforcement Notice.

As this is now an investigation into an alleged criminal offence, the Council is limited in what further information it can disclose. However, if Councillors, or their constituents, wish to be appended to the enforcement file, they can send a request to planenforcement@sdublincoco.ie. Any person who does so will receive statutory updates as the matter progresses.