COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 14, 2022

QUESTION NO. 3

QUESTION: Councillor Yvonne Collins

To ask the Chief Executive to set out, in tabular form by electoral area, the number of planning enforcement cases being investigated, setting out when each case commenced and the estimated completion date in respect of each.

REPLY:

A similar question was set down on the agenda for the December 2021 County Council meeting at which time the following response was provided:

There are currently 794 open Enforcement files under investigation by the Council. Please see breakdown of number per Local Electoral Area below

Live Enforcement Files Per LEA

Number

Clondalkin.

173

Firhouse-Bohernabreena.

51

Lucan.

108

Palmerstown-Fonthill.

127

Rathfarnham-Templeogue.

192

Tallaght Central.

113

Tallaght South.

30

Total

794

As the data requested on an electoral area basis cannot be extracted from our system, this tabular record was collated following a lengthy manual exercise based on November 2021 statistics. 

It can be confirmed that these figures increased by 2% at 31st December 2021, with 811 files open at that date.

Regrettably, it is not possible to provide the voluminous level of detail requested pertaining to all 811 open cases for the following reasons:

Under our legal planning system, development can be lawfully carried out in either of the following circumstances:

• in accordance with the terms of the planning permission granted for it; or

• in the case of an exempted development, without planning permission but in accordance with the terms of the exemption.

Any development which requires permission and does not have that permission is unauthorised development.  Similarly,  development which is proceeding in breach of conditions laid down in the planning permission is unauthorised development, as is exempted development which is not carried out within the terms of the exemption.

The carrying out of unauthorised development is an offence and there are various procedures that the Council as a Planning Authority may adopt when taking enforcement action, including remedies and sanctions.   

Accordingly, enforcement cases are fluid, with the status of files changing regularly depending on the various stages of investigation, enforcement action taken and responses to these processes.