COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF DEVELOPMENT PLAN MEETING

Thursday, June 17, 2021

MOTION NO. 198

MOTION: Councillor William Joseph Carey, Councillor Derren Ó Brádaigh

Page 95 Policy NCHB 20 To address dereliction and to welcome, encourage and promote appropriate and sensitive reuse and rehabilitation of buildings, building features and sites within Architectural Conservation Areas. Replace with To address dereliction by providing for penalties where necessary on those responsible and to welcome, encourage and promote appropriate and sensitive reuse and rehabilitation of buildings, building features and sites within Architectural Conservation Areas.

REPORT:

Policy NCBH 20 Objective 4 states:

‘To address dereliction and to welcome, encourage and promote appropriate and sensitive reuse and rehabilitation of buildings, building features and sites within Architectural Conservation Areas’. 

The motion proposes to add the wording ‘by providing for penalties where necessary on those responsible’ so that the objective states:

‘To address dereliction by providing for penalties where necessary on those responsible and to welcome, encourage and promote appropriate and sensitive reuse and rehabilitation of buildings, building features and sites within Architectural Conservation Areas’.

The purpose of this objective as drafted in the CE Draft Plan is to encourage a positive and proactive approach for owners and occupiers within Architectural Conservation Areas to encourage and support the rehabilitation and sensitive reuse of buildings, features and sites within ACAs.

Derelict Sites is a cross-departmental concern within the Council and is not solely a concern or issue in the context of Architectural Conservation Areas.  Under the Derelict Sites Act, 1990, local authorities can prosecute owners who do not comply with notices served, make compulsory land purchases or carry out the necessary works and bill the owners for the cost. 

Local authorities are obliged to keep a register of derelict sites and the owner of urban land that has been entered into the Derelict Sites Register, must pay an annual levy to the local authority. These penalties are carried out under the Derelict Sites Act, legislation which is outside the Planning Acts, and are not a matter for the Development Plan to provide. 

Recommendation

It is recommended that the motion is not adopted.