COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF TALLAGHT AREA COMMITTEE
Monday, June 26, 2023
QUESTION NO.
QUESTION: Councillor C. O'Connor
"To ask the CEO to refer to the 2 motions at the May meeting of Tallaght Area Committee in respect of the Kingswood Mast and will he present an update in respect of all the issues and will he now meet the local elected Councillors to discuss the matter and will he make a statement?"
REPLY:
The following is the status of these Section 254 licenses @ 13th June 2023:
The mast located at the tennis courts was put in place under license of the Council, reference number S25419/06, on direction of an order, subject to conditions, from of An Bord Pleanála.
This direction was made by An Bord Pleanála, following a third-party appeal to An Bord Pleanala (dated 4th December 2020) of the Council’s initial decision (dated 24th September 2020) to grant a license for a structure at this location.
Details of the application for license, decision of the Council, third party appeal and order of An Bord Pleanala are available at the following link: https://planning.agileapplications.ie/southdublin/application-details/57010.
By order of An Bord Pleanála, the license for the structure is valid for a period of three years from the date of the order made by An Bord Pleanála. That order was dated 28th May 2021 and accordingly, the structure is valid and can remain in place until 27th May 2024, and arrangements for the removal of the structure and the reinstatement of the site are to be submitted to, and agreed with the Council, at least one month in advance of expiry of this license.
An Bord Pleanála is the independent, statutory, and quasi-judicial body that decides on appeals from planning decisions made by local authorities in the Republic of Ireland ,and as such, it is not within the remit of the Council to alter a decision / direction made by An Bord Pleanála. Therefore in this case, no further limitation can be imposed without direction of the courts, or unless, in accordance with Section 254 (4) of the Planning and development ACT 2000, as amended, the appliance, apparatus or structure causes an obstruction or becomes dangerous, at such time the authority may by notice in writing withdraw the licence and require the licensee to remove the appliance, apparatus or structure at his or her own expense.
This Council is not a party to the Judicial Review proceedings related to this case, and the Council cannot comment further on the status of that case, other than to be advise that there is nothing on the High Court search that indicates the status. According to the listing, the case was adjourned to the 10th of October 2023 on the 25th of April 2023.
The works recently undertaken at the Luas stop are in accordance with a decision of this Council to grant a license (dated 24th October 2022), License No S25422/08 refers.
This decision is currently the subject of a third-party appeal to An Bord Pleanála, and details of the application for license, decision of the Council, and the third-party appeal to An Bord Pleanála are available at the following link:
Planning Portal (agileapplications.ie)
Work commenced on site in accordance with the conditions of the license granted, and notwithstanding that the decision of the Council to grant a license has been appealed to An Bord Pleanála by a third party, as a matter of law, Section 254 of the Planning and Development Act 2000, as amended, does not provide for the staying of the operation of the grant of a licence pending the determination of an appeal to An Bord Pleanála.
A decision on this third party appeal to An Bord Pleanála is expected in July 2023.