COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM / TEMPLEOGUE / FIRHOUSE / BOHERNABREENA AREA COMMITTEE

Tuesday, September 10, 2024

MOTION NO.12

MOTION: Councillor P. Kearns

That the manager revisit the decision not to reinstate a wall that was removed by an SDCC contractor ( see extract of response to the client below) as it was viewed as a dangerous structure . "The wall in question was identified as being a dangerous structure and at risk of collapse and, as such, posed a danger to public safety. In accordance with Sections 3 (2) (a) and 3 (2) (b) of the Local Government (Sanitary Services) Act 1964, as amended, an SDCC contractor removed the wall. The Council will not be reinstating the wall. ( case reference CC1816028 )"

REPORT:

South Dublin County Council first received a complaint in relation to the condition of this wall on the 3rd November 2020.

Upon investigation on the 11th November 2020 it was noted that the wall, over 3 metres in height, had several cracks and was leaning towards the public laneway and was therefore considered to be dangerous.

South Dublin County Council served statutory notices, pursuant to Section 3(1)(a) of the Local Government (Sanitary Services) Act, 1964 on the owners of the 5 factories in Greenhills Industrial Estate on the 6th December 2020 

The owners failed to carry out the required works to take down the wall and remove any possible danger to the public.

Therefore, South Dublin County Council, in exercise of its powers under S(3)(b) of the Local Government (Sanitary Services) Act 1964, as amended, served notice on the 10th of June 2021.

South Dublin County County attended on site with its contractor on the 16th of June 2021 to remove the dangerous section of wall.

The occupiers of the adjoining units approached Council staff and strongly objected to the removal of the wall. Gardaí were called to the scene by Council staff, when the matter diffused, Council staff discussed the matter with the occupiers of the units and it was agreed that they would put forward a proposal to the Council to address the danger and no such proposal was ever received, despite follow up from the Council.

Therefore, in the interests of safety to the public SDCC entered the site on the 23rd October 2023 and demolished the dangerous section of the wall. The Council has fulfilled its statutory duties under the provisions of the Local Government (Sanitary Services) Act 1964, as amended, by eliminating the danger and does not propose to reinstate this private boundary wall.