COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN/PALMERSTOWN/FONTHILL AREA COMMITTEE

Tuesday, September 29, 2020

QUESTION NO. 21

QUESTION: Councillor Joanna Tuffy

To ask the Chief Executive Officer for an update on the content of the following motion that was agreed at the June Area Committee Meeting, and in particular can the planning permission for Brookvale Estate be located through searches in the Council and conditions checked to see if there was a condition to do with open space that would require taking in charge by the Council. Please not map showing the lands attached and the area marked HLC8 and SLO:1. The open space is part of this particular land that is designated open space in the County Development Plan.

MEETING OF LUCAN/PALMERSTOWN/FONTHILL AREA COMMITTEE

Tuesday, June 23, 2020

MOTION NO. 2

MOTION: Councillor Joanna Tuffy

That the open space at the top of Esker Hill, be taken in charge by the Council, and that any necessary steps be taken to initiate this process immediately, and that this Area Committee be given a full and detailed report on what has delayed the taking in charge of this open space, what legal steps are required to take it in charge, including if it is the case that an owner of the land cannot be identified, an explanation as to whether there was any condition in the planning permission for Brookvale estate in relation to this land, and the need to protect long established public rights of way at this location

 

REPLY:

The Planning Department has carried out a planning history and have identified a planning reference of S94A/0034 for the Brookvale estate. The permission was permitted on appeal by An Bord Pleanala. It is unclear from the details available if the parcel of land referred to is included within the red and blue outline boundaries on the planning application permitting Brookvale. Please note that a land use zoning as ‘Open Space’ in the County Development Plan is not in of itself, an indication that the land is in public ownership or currently available as public open space.

Please note that SDCC can only take areas in charge that are offered to it and the person offering is required to have the relevant authority to offer the estate for taking in charge. In this context, please be advised that SDCC will fully cooperate with any body that initiates taking in charge procedures. The Planning Department have forwarded a query to the Development Department to establish current ownership of the area in question.

Queries with regard to taking in charge estates should be forwarded to the Building Control Section in the Land Use Planning and Transportation Dept. who manage and co-ordinate that process under the Planning and Roads Act. Planning have forwarded the issues in this motion, in relation to Taking in Charge to the relevant sections. Once the information regarding current ownership is received from the Development Dept. Planning will liaise further with the Building Control Section in this regard. Please consider the submission of a more accurate and detailed map showing the exact boundary to the Building Control Section.