QUESTION: Councillor E. Ó Broin
To ask the Chief Executive if there are any SDCC by-laws preventing cars being routinely parked on private front garden lawns of houses by tenants or owner occupiers?
REPLY:
There are no South Dublin County Council Bye-Laws that prohibit the routine parking of private vehicles on the front garden or within the curtilage of a private dwelling, whether by tenants or owner-occupiers.
Public parking across the county is regulated separately under the South Dublin County Council Control of Parking Bye-Laws 2021, together with the statutory restrictions and prohibitions contained in the Road Traffic (Traffic and Parking) Regulations 1997, as amended. These provisions apply to parking on public roads and in public spaces and do not extend to private residential land.
Parking within the curtilage of a dwelling, including on driveways or front and side gardens, is generally regarded as a domestic residential use and is not, of itself, subject to public parking controls.
However, it should be noted that works undertaken to facilitate such parking—including the creation or widening of vehicular accesses, hard landscaping, removal of boundary walls or planting, or other alterations—may or may not be exempted development. Such works must be assessed against the criteria set out in the Planning and Development Regulations 2001–2025, and in some cases may require planning permission.
In addition, planning permissions or planning policy for certain residential developments may restrict or regulate “in-curtilage” parking. Planning policy in some plans explicitly provides for parking to be accommodated on-street only, while others permit a mix of on-street and on-curtilage parking, subject to conditions. Accordingly, the acceptability of parking within a front garden can vary depending on the specific planning history, planning policy and conditions applicable to an individual property or area.