COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM / TEMPLEOGUE / FIRHOUSE / BOHERNABREENA AREA COMMITTEE

Tuesday, December 14, 2021

MOTION NO. 2

MOTION: Councillor Yvonne Collins

That this Council refuses to grant derogations until 2am in respect of the Two Oaks development on Scholarstown Road given the proximity of the site to neighbouring estates and the effect on residents

REPORT:

The concerns of the Member is noted. 

As per Planning Permission granted under reg ref SHD3ABP-305878-19 the permitted working hours under condition 31 are from 8am to 7pm Monday to Friday and 8am to 2pm Saturdays. No work should be carried out on Sundays or Bank Holidays. Any deviation to this condition must be applied for through the Planning Authority. Following on from the impact of Covid -19, government issued circulars PL-06/2020 and PL – 05/2021 which requested Planning Authorities to exercise an appropriate level of discretion in respect of the enforcement of construction working hours conditions attached to housing related planning permissions with a view to assisting the sector to compensate for lost productivity and output.
As referenced in Circular PL 06-2020, there is already provision for derogation and local agreement in many construction conditions, to allow for particular activities outside ‘normal’ operating hours (e.g. a continuous pour of concrete on a large site). The adoption of such a discretionary approach in relation to construction working hours conditions attached to planning permissions assists the splitting of shifts premise for separating trades, skills and activities required to achieve physical distancing on construction sites in accordance with relevant public health/ health and safety protocols, while seeking to balance this with the need to ensure output and productivity by the sector.
It is within these guidelines that the Planning Authority are working to facilitate derogation requests on a case by case basis with a view to assisting concrete works that simply cannot be accomplished within the permitted working hours. The extension to 2am has been accommodated due to the bad weather conditions which affects the setting time of the concrete. The Planning Authority is ensuting that the contractor is  requesting derogations that are only absolutely necessary and in most instances are only using 1 of the 2 days granted each week and report back on finishing times and provide noise reports as requested. They are also engaging directly with residents and issuing notification and informative newsletters outlining the reasoning and requirement for later finish times. The planning department are investing resources to liaise with contractors, members and residents on a weekly basis in relation to concerns raised and continues to monitor the situation however the granting of derogations remains an executive function and to provide a blanket ban is not an option as it would greatly impact the completion of the development in accordance with the planning permission.