COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, March 16, 2022

QUESTION NO. 10

QUESTION: Councillor F. Timmons

"To ask the Chief Executive for an report on the building of homes in Newcastle and to give the rational for allowing an exception to 1am for builders who ended up working all night with flood lights on disturbing very nearby local residents and to ask that any future exceptions are 1. communicated to residents and 2. take into account residents who have to get up early for work and school etc.?"

REPLY:

The concerns of the Member is noted. 

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.

Notwithstanding the relatively recently cessation of social distancing and Covid 19 restrictions, it is within these guidelines that the Planning Authority is working to facilitate derogation requests on a case by case basis.  This is with a view to assisting concrete works that simply cannot be accomplished within the permitted working hours, and the extension to permitted working hours has also been accommodated due to the bad weather conditions which affects the setting time of concrete.  In this regard, the Planning Authority is ensuring that contractors only request derogations that are absolutely necessary.

The Planning Authority were made aware that works went beyond the granted derogation approved under reg ref SD20A/0192 – Ballynakelly Drive, Newcastle, Co Dublin. The contractor has been advised that this is not acceptable and any further breaches will impact negatively on new derogation requests. The contractor has apologised and has assured the Planning Authority that it was an isolated incidence and would not happen again.

The Planning Authority has requested that the contractor communicate with potentially affected residents regarding any future derogations in advance of making application for same which will be noted and considered at application stage.