COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN/PALMERSTOWN/FONTHILL AREA COMMITTEE

Tuesday, May 26, 2020

QUESTION NO. 29

QUESTION: Councillor G. O'Connell

This council calls of Chief Executive to engage with members of the community, including the local Tidy towns and local residents in regard to an open space of land east of ‘Clonard’, Lucan-Newlands Road, Esker North, (next to Brookvale land) (this land is currently open green space, section of the land is fenced off, with a number of trees on the land which have been felled, as a result of examinations carried out) with a view to resolving the issue that has come to light recently and addressing concerns brought to our attention. 

REPLY:

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.