COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, March 10, 2021

QUESTION NO. 3

QUESTION: Councillor S. O'Hara

"To ask the Chief Executive can Public Realm give an update on who owns this land as per their statement in Motion 10 of the September 2020 meeting?"

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, September 16, 2020

MOTION NO. 10

MOTION: Councillor S. O'Hara

"That this Area Committee request that the strip of land between Fairgreen and Pairc Mhuire, Saggart be taken in charge by the Council, as it is lined with very tall trees that pose a health and safety risk to both estates."

REPORT:

The strip of land containing the trees in question appears to be part of the Fairgreen Estate. This open space is not taken in charge by the council and is not maintained by the Public Realm Section. Public Realm have forwarded a query to the Development Department to establish current ownership of the area in question.

If a privately owned tree or other vegetation is causing an obstruction to a footpath or road, powers exist under Section 70 of the Roads Act 1993 which enable the Roads Authority to deal with the matter. The section allows for the serving of notice on the landowner setting out remedial works to be carried out. Failing action by the landowner, the Roads Authority can arrange to have the necessary works carried out and seek to recoup the cost of the works from the landowner concerned. Queries regarding trees posing a hazard to roads or footpaths should be forwarded to the Roads Maintenance section in Land Use Planning and Transportation Dept.

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. Public Realm have forwarded the issues in this motion, both in relation to Taking in Charge and tree safety, to the relevant sections. Once the information regarding current ownership is received from the Development Dept. Public Realm will liaise further with the Building Control Section in this regard.

REPLY:

Public Realm liaised with both Development Dept, who confirmed that the land is not in Council ownership and Building Control, who confimed the land is not taken in charge. 

As per the reply above; all information received has been forwarded to the Building Control Section, Roads Dept. for progression.

The Building Control Section, Roads Dept. will answer queries in relation to taking in charge processes if required.