COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE/FIRHOUSE/BOHERNABREENA AREA COMMITTEE

Tuesday, May 12, 2020

QUESTION NO. 7

QUESTION: Councillor Yvonne Collins

To ask the Chief Executive, given that the wall between Stonepark Abbey and Ely Square is apparently the boundary wall between South Dublin County Council and Dun Laoghaire-Rathdown County Council, would a unilateral decision by one local authority, whether pursuant to an application for planning permission or otherwise, to cause or allow the wall to be knocked down and replaced, be ultra vires it's power or authority and/or outside the scope of it's jurisdiction?  

REPLY:

Any planning application or a Declaration of Exempted Development application for works in a Local Authority is required to be made to that Local Authority, expect in instances specifically outlined in the Planning and Development Act 2000 (as amended), including Strategic Housing Developments, Strategic infrastructure Developments and Local Authority Own Development with an EIAR which are applied to An Bord Pleanala. In instances where a development site is partially in two local authorities, a planning application is required to both planning authorities.

Please note that under Section 34(13) of the Planning and Development Act states that a person shall not be entitled solely by reason of a permission under this section to carry out any development.

In relation to alleged unauthorised development, please be advised that planenforcement@sdublincoco.ie is the relevant contact to report same for investigation.