COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM/TEMPLEOGUE/FIRHOUSE/BOHERNABREENA AREA COMMITTEE
Tuesday, October 13, 2020
QUESTION NO.2
QUESTION: Councillor Alan Edge
Can the Manager report on how many sites in the area covered by this Committee are listed on the derelict sites register and what action if any has been taken by the Council in relation to those sites.
REPLY:
In accordance with Section 3 of the Derelict Sites Act, l990a derelict site is defined as:
Any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of –
(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or
(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question or,
(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.
In order to eliminate/abate dereliction the Council has and continues to rely on the following provisions of the Derelict Sites Act:
A Section 11 Notice is served where in the opinion of a local authority it is necessary to do so, in order to prevent land, situate in their functional area from becoming or continuing to be a derelict site,
A notice under this section becomes effective after the expiration of fourteen days from the date of service of the notice, and
- specifies the measures which the local authority consider to be necessary in order to prevent the land from becoming or continuing to be a derelict site,
- direct the person on whom the notice is being served to take such measures as may be specified in the notice, and
- specify a period (being not less than one month from the effective date of the notice) within which such measures are to be taken
A Section 8(2) Notice is served by the Local Authority on the owner and occupier (where they can be ascertained by reasonable enquiry) before making any entry on the register in relation to any land advising of their intention to make such entry. The Local Authority shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice, and may either make the entry or not as they think proper having regard to such representations.
A Section 8 (7) Notice is served by the Local Authority on the owner and occupier of a site where there is failure by the owner / occupier to respond to a Section 8 (2) Notice and where the owner / occupier has failed to take steps to render the site non derelict, advising that an entry has been made in the register.
A Section 15 Notice is served by the Local Authority on the owner and occupier of a site where it is intended to compulsorily acquire a derelict site.
A Section 23 Notice is served by the Local Authority on the owner and occupier of a site in respect of a levy / charge on the site where a market value has been determined (in accordance with Section 22) and which stands entered on the register on the first day of January of that financial year, until the dereliction is abated
There are currently 10 derelict sites entered on the Register of Derelict Sites maintained by the Council pursuant to Section 8 (1) of the Derelict Sites Act 1990 four of which are in the Rathfarnham/Templeogue/Firhouse/Bohernabreena area.