COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF LUCAN / PALMERSTOWN / NORTH CLONDALKIN AREA COMMITTEE

Tuesday, November 28, 2023

QUESTION NO.20

QUESTION: Councillor Joanna Tuffy

Can the CEO give a report about Beckett's in Cooldrinagh, Lucan, from the point of view of the Council's duty under the Derelict Sites Act to take all reasonable steps (including the exercise of any appropriate statutory powers) to ensure that any land situate in their functional area does not become or continue to be a derelict site, and also any responsibilities it has in respect of the conservation of this protected structure.

REPLY:

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.

The property listed in the motion will now be examined under the provisions of the Act to establish if there is any action open to the Council under that legislation.

Attempts had been previously made to contact the registered owners in reminding them of their obligation of care to safeguard and secure the Protected Structure.  Planning Enforcement and the Councils Architectural Conservation Officer carried out an inspection and the site was found to be secure and there was no visible signs of damage or unauthorised access to the site.  The planning inspector recommended that the file be closed as there was no endangerment issues.  More recently a Pre-planning meeting has been held with Development Management Section, LUPT.