COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 17, 2021

MOTION NO. 189

MOTION: Councillor Carly Bailey

To amend: NCBH 19 Objective 3: To urgently address dereliction through the use of CPO powers under the Derelict Sites Act 1990 and to welcome, encourage and support the rehabilitation, renovation, appropriate use and sensitive re-use of Protected Structures consistent with RPO 9.30 of the RSES.

REPORT:

The purpose of this objective as drafted in the CE Draft Plan is to provide a positive and proactive approach for owners and occupiers of protected structures to encourage and support their rehabilitation, renovation and reuse. A proposed amendment to this objective under motion ID 71310 would, if approved, further strengthen this intent by giving greater flexibility for the re-use of protected structures to ensure their conservation and viability. 

Derelict Sites is a cross-departmental concern within the Council and is not solely a concern or issue regarding Protected Structures. The use of Compulsory Purchase Order powers are applied as a last resort, a more proactive approach through active engagement with the owners and occupiers for compliance in their duty of care has generally been found to be more appropriate in dealing with dereliction of buildings.  

CPO powers for structures/buildings is a mechanism that can be used in very limited circumstances, where the justification for such compulsory purchase is warranted. This mechanism for structures relating to Built Heritage and Architectural Conservation is set out in Part IV of the Planning Act 2000, as amended. 

If the Council carry out a CPO on a structure, once acquired the Local Authority have the responsibility to maintain, protect/conserve or renovate such structure and all of which require funding and are budgetary matters.   

The use of CPO powers is addressed in Chapter 2, Core Strategy and has been subject to an earlier motion recommended for adoption (ID 70825). 

The essence of the objective, to facilitate the owners of protected structures to re-use and re-vitalise them, encouraging their conservation in a proactive way, would be lost if CPO powers under the Derelict Sites Act was to be included as part of this objective.  

Recommendation: It is recommended that this motion is not adopted.