COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF CLONDALKIN AREA COMMITTEE
Wednesday, April 21, 2021
QUESTION NO. 7
QUESTION: Councillor Eoin Ó Broin
To ask the Chief Executive for an update on the Planning Enforcement case (S8268) against the David Nestor Freight Container Park in the Crag Industrial Estate in Clondalkin? The height the containers are stacked causes much anxiety for residents in the area not to mention the volume of freight traffic decanting from it onto the narrow Ninth Lock Road at Cappaghmore.
REPLY:
I wish to confirm planning enforcement have issued two Enforcement Notices in relation to unauthorised developments occurring at the David Nestor freight site at Crag Avenue, Clondalkin.
Following the issuance of Enforcement Notice number 1 dated 09th October 2020 which instructed the landowner to cease and discontinue the use of the extension of the site of hard surface constructions works, cease and discontinue the use of the footpath along the western and southern boundaries of the lands, cease and discontinue the use of 7 floodlights at the southern and western boundaries of the site, cease and discontinue the use of the vehicle control structure at the western end of the site, a retention application number SD21A/0060 has been received. The retention application consists of:- footpath within the western and southern boundaries of the site; erection of a new palisade fencing of 2.4m in height along the southern and western site boundary and a new pedestrian access gate from the north end of the site boundaries at Crag Avenue; single storey, detached vehicle control structure; provision of hard standing at the north west corner of the site; erection of 7 flood light poles and lights along the southern and western boundaries of the site; all associated site development and engineering works. The decision due date is 06th May 2021. Any further action with regard to Enforcement is held in abeyance, pending the outcome of the decision on the retention planning application SD21A/0060.
Enforcement Notice number 2 dated 09th October 2020 issued, instructed the landowner to cease and discontinue the material change of use of the site to shipping container collection and storage use. This Enforcement Notice expired on the 9th of December 2020. A letter issued to the landowner dated 25th of February 2021, stating that legal proceeding will be initiated 6 weeks from the date of the letter being 12th April 2021. The retention application number SD21A/0060 does not include the change of use on site. The landowner has stated that they have planning permission for the operations on site planning permission number 91A/0958 refers. This is contrary to the Planning Authorities view as the use on site has intensified. Following the expiration date of 12th of April 2021, the Council will assess the landowners submission, if any. The Council will then decide what action to take. All District Court proceedings are currently suspended until 04th May 2021 subject to review of Level 5 Covid restrictions.