COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE/FIRHOUSE/BOHERNABREENA AREA COMMITTEE

Tuesday, March 09, 2021

QUESTION NO. 11

QUESTION: Councillor Yvonne Collins

To ask the Chief Executive when the Stonepark Abbey estate in Rathfarnham was taken in charge, did this include the wall at the green between Stonepark Abbey and Ely Square and would replacing the wall with railings require planning permission from South Dublin Council?

REPLY:

Stonepark Abbey Estate was taken in charge in 1997.

A search of the most recent Enforcement file reference 7371A (dating back to the 1980’s and pre-APAS), was in relation to non-compliance with conditions no’s 10, 11, 14, 15, 16, 18 & 20 of permission. The only note in APAS relates to Parks matters outstanding-landscape plan.

 Under Interpretation, Section 3 of the Planning and Development Act 2000 (as amended) “Development” is defined as meaning, except where the context otherwise requires, the carrying out of any works on, in, over or under land or the making of any material change in the use of any structures or other land.

•  There are no exemptions for the development to change/demolish the wall and construct railings in lieu of, on open space.
• South Dublin County Council maintain the open space adjoining the wall on the Stonepark Abbey side.
• Identification/referencing of the ownership of the wall has been requested

 Planning permission is required if the wall is in either public or private ownership

• If the wall was owned by the Planning Authority), then it would require a Part 8 Procedure by the Planning Authority(s), to demolish the wall and construct railings.
• If it is privately owned it would require planning permission as they are no exemptions to re-place a wall on open space with railings.