COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF LUCAN / PALMERSTOWN / NORTH CLONDALKIN AREA COMMITTEE

Tuesday, March 28, 2023

MOTION NO. 4

MOTION: Councillor P. Gogarty

That the Council provides an update on recorded derelict properties in Palmerstown, North Clondalkin and Lucan in terms of actions taken over the last five years to get these properties functional again, to report on cases that have been resolved as a result of enforcement action over the last 12 months; to clarify if properties where there is someone living, but are overgrown to a neglectful level with trees in gardens towering over neighbouring dwellings can be considered for such a register of derelict properties, or if separate action is required; and if a statement can be made on the matter.

REPORT:

The information requested is set out below, extracted from the Register of Derelict Sites. Sites/properties that constitute derelict sites within the definition contained in Section 3 of the Derelict Sites Act, 1990 are entered on the Register of Derelict Sites. Sites that are under investigation are not routinely entered on the register until such time as investigations are completed and a determination made that the site is derelict.

DS Ref Reg No Address of Property Owner Address of Owner Occupier Electoral Area Section 8(2) Notice Intention to Register Section 11 Notice Works Required    Section 8(7)Entered on to Register Valuation  Valuation Date Levy applied from Annual value of Levy to date 31/12/19  Annual Value of Levy 2020
1701 34 35 Wheatfield Road, Palmerstown, D.20 Della Moynihan  3/4 Ushers Quay, D.8 Unoccupied Palmerstown - Fonthill 10/06/2016 08/07/2014 15/08/2016 €275,000 24/01/2017 2018 €8,250 €19,250
1817 40 Lynch's Lane, Newcastle, Co Dublin  Anthony Mc Dermott 36 Cloona Crescent, Dunmurray, Belfast BT17 OHG, Northern Ireland Unoccupied Clondalkin 30/11/2016 16/09/2016 02/02/2017 €160,000 20/07/2017 2018 €4,800 €11,200
1880 49 Land adjacent to Rowlagh House, Saint Mark’s Crescent, Clondalkin, Dublin 22 Michael O’Connor Rowlagh House, Saint Mark’s Crescent, Clondalkin, Dublin 22, D22V0A3

Ballymount House, Parkway Business Centre, Ballymount Road Lower, Dublin 24, D24XNE2

C/O Kelland Group Limited, Russell Square Centre, Unit 5 Fortunestown Way, Tallaght, Dublin 24 D24TX4H

19 Bellevue Copse, Booterstown. Blackrock, Co Dublin, A94W524		 Unoccupied Palmerstown - Fonthill 18/05/2021 N/A 08/06/2021          

In accordance with Section 3 of the Derelict Sites Act, l990a derelict site is defined as:

Any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of –

(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or

(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question or,

(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.

In order to eliminate/abate dereliction the Council has and continues to rely on the following provisions of the Derelict Sites Act:

A Section 11 Notice is served where in the opinion of a local authority it is necessary to do so, in order to prevent land, situate in their functional area from becoming or continuing to be a derelict site,

A notice under this section becomes effective after the expiration of fourteen days from the date of service of the notice, and 

A Section 8(2) Notice is served by the Local Authority on the owner and occupier (where they can be ascertained by reasonable enquiry) before making any entry on the register in relation to any land advising of their intention to make such entry. The Local Authority shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice, and may either make the entry or not as they think proper having regard to such representations.

A Section 8 (7) Notice is served by the Local Authority on the owner and occupier of a site where there is failure by the owner / occupier to respond to a Section 8 (2) Notice and where the owner / occupier has failed to take steps to render the site non derelict, advising that an entry has been made in the register.

A Section 15 Notice is served by the Local Authority on the owner and occupier of a site where it is intended to compulsorily acquire a derelict site.

A Section 23 Notice is served by the Local Authority on the owner and occupier of a site in respect of a levy / charge on the site where a market value has been determined (in accordance with Section 22) and which stands entered on the register on the first day of January of that financial year, until the dereliction is abated

TREES:

There are no height limits for either hedges or trees and there is no legislation currently available in the Republic of Ireland to enforce a height restriction. A landowner may cut off any tree branches which over-hangs his/her property without giving notice to the owner of the tree providing the branches which overhang are interfering with the property and causing a nuisance.

It is not permitted to enter the neighbour’s property. This includes air space if using a mobile elevated work platform. It is not permitted to cut back branches beyond the boundary. Any work carried out must not render the tree unsafe, dangerous, prone to infection or irreparably damaging the tree. As a good neighbour, one should inform the adjoining landowner before carrying out work. A landowner may not cut down the tree or enter the land of the tree owner without permission.