COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF TALLAGHT AREA COMMITTEE 2

Monday, May 22, 2006

QUESTION NO. 23

QUESTION: Councillor M. Corr

"To ask the Manager to indicate why enforcement proceedings have not gone ahead in the case of a property at *details supplied and to state how after almost a year has passed since I first reported this no correspondence has been served on the owner of the property.  In addition to outline in precise detail how the Manager is going to proceed in this case?"

REPLY

Planning Enforcement received a complaint in February 2005 in relation to the above lands.  Following an inspection of the lands by the Planning Inspector, and receipt of land ownership details from Land Registry, an Enforcement Notice dated 12th May 2005, pursuant to Section 154 of the Planning and Development Act 2000 was served on the owner of the lands.  The Enforcement Notice required

1.   The cessation of use of lands for storage of caravans/mobile homes/

      motorised camper vans and their uses as places of residence

2.   The cessation of the use of the land for the storage of materials and

      motor vehicles used in the construction/maintenance of buildings

Following a further inspection of the lands by the Planning Inspector, a Warning Letter dated 4th August 2005, pursuant to Section 160 of the Planning and Development Act, 2000 was sent by Registered Post.  This letter required that within a period of 4 weeks from the date of the letter that (i) the unauthorised us of the lands for the storage of caravans/ mobile homes and motorised campervans cease, (ii)  the cessation of the use of the lands for the storage of motor vehicles/ vans used in the construction industry and (iii) the cessation of the use of the lands for the storage/ distribution of building materials or any commercial use.

The Warning Letter also advised that failure to comply with the requirements of the letter would leave the Council with no option  but to apply to the Dublin Circuit Court seeking a Planning Injunction under Section 160 of the Planning and Development Act 2000 seeking the cessation of all unauthorised development on the lands.

However, this Warning Letter was returned to Planning Enforcement and was undelivered by An Post.

In order that proceedings may be initiated in this matter, it is essential that the Council can provide evidence of service of the Warning Letter on the land owner.  Accordingly, a summons server was engaged to serve the Warning Letter on the land owner by hand.  However, following several attempts by the summons server to serve the Warning Letter, the summons server reported that he was unable to effect service of the letter.

Tallaght Gardai were contacted and their assistance was requested in relation to this matter.  In this regard, a Warning Letter dated 15th May 2006 pursuant to Section 160 of the Planning and Development Act 2000 was successfully served with the co-operation of the Gardai.  The Warning Letter requires that within 4 weeks of the date of the letter that (i) The use of the lands for the storage of caravans/ mobile homes and motorised campervans cease.  (ii) The use of the lands for the storage of motor vehicles/ vans used in the construction industry cease (iii) The use of the lands for the storage/ distribution of building materials and commercial use cease.

Failure to comply with the above requirements will leave the Council with no option but to apply to the Courts seeking a Planning Injunction under Section 160 of the Planning and Development Act 2000 citing the registered land owner and seeking a cessation of all unauthorised developments on the lands.