COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, April 20, 2022

MOTION NO. 4

MOTION: Councillor Eoin Ó Broin

"That this Area Committee agrees to use the powers invested in it under the Derelict Sites Act (1990) to carry out the following works to two buildings in Clondalkin and subsequently charge the costs incurred to the building owners or put an order for the retrieval of the costs upon the sale of the properties : (i) Remove the ivy from the roof of the Old RIC Barracks aka Riverside (D22 KT20) on the Old Nangor Road and (ii) fix the broken slate on the roof of the cottage on Main St (D22 KN29)."

REPORT:

Section 11 of the Derelict Sites Act 1990 (the Act) deals with the power of the local authority to require measures to be taken in relation to derelict sites.

Section 11(1) provides for the service of a notice in writing on the owner or occupier of the land.

Section 11(2) provides that the notice shall specify the measures to be taken to prevent the land from becoming or continuing to be a derelict site, direct the person to take the measures specified in the notice and specify a period within which such measures are to be taken. The period allowed must not be less than one month. in addition, the notice does not take effect until fourteen days after it has been served.

Section 11(5) provides that where a notice has not been complied with, the local authority may take steps (including entry on land by authorised persons) as are considered reasonable and necessary to give effect to the terms of the notice and recover any expense incurred. This action is contingent on a notice having been served on the owner/occupier in the first instance.

Neither of the properties listed in the motion are considered to be derelict within the definition contained in section 3 of the Act. Therefore, there is no action open to the Council under the provisions of the Act.

Further, the first property listed in the motion is a protected structure to which Part IV of the Planning and Development Act 2000 applies.

The property listed second in the motion will be examined under the provisions of the Local Government (Sanitary Services) Act 1964, to establish if there is any action open to the Council under that legislation.