MOTION: Councillor H. Farrell
That this Area Committee requests the Manager to report on developers' obligations, and the Council's enforcement powers in relation to dust, mud and debris arising from construction sites, including requirements for dust suppression, wheel-wash facilities, road and footpath cleaning, and the protection of neighbouring residential amenities, including in adjacent estates, where relevant. The report should also outline the actions available to the Council and public, where residents raise concerns regarding non-compliance, and whether current enforcement measures are considered adequate. Supporting Information: Residents living adjacent to construction sites such as Adamstown Park, Lucan, have raised concerns with SDCC regarding dust, silt and debris impacting homes, public roads and footpaths. A report on developers' responsibilities, and the Council's monitoring and enforcement procedures, would assist in a public understanding how such issues are assessed and addressed.
REPORT:
Developers are required to operate construction sites in accordance with their planning permission and any conditions attached thereto relating to dust, mud and debris. Such conditions typically require measures including dust suppression, wheel-wash facilities, regular cleaning of roads and footpaths, and the protection of neighbouring residential amenities.
These conditions often require the submission of detailed proposals, such as a Construction Management Plan, for the written agreement of the Planning Authority prior to the commencement of development. These Plans cover the issues referred to above, as well as haulage routes, key points of contact, process to notify nearby residents and public notices of works, among other matters. Such proposals are typically reviewed by the Council’s Planning and Transport Sections and the Environmental Health Officer (EHO).
Where Planning Enforcement receives a complaint regarding dust, mud or debris from a construction site, an enforcement file is opened and an investigation commenced. This involves identifying the relevant site, reviewing the planning history and assessing compliance with the conditions attached to the planning permission.
The complaint may be referred to the Environmental Health Officer and Transportation Section, as relevant, and a joint or separate site inspection may be undertaken. Planning Enforcement will generally contact the developer or site management team at an early stage to advise that a complaint has been received and to request that any issues identified are addressed immediately. Where appropriate, a Warning Letter under Section 152 of the Planning and Development Act may issue.
Site inspections assess whether adequate dust suppression and site management measures are in place and being implemented in accordance with the planning permission. Where deficiencies are identified, the Environmental Health Officer may specify corrective measures and follow-up inspections are carried out to monitor compliance.
Where non-compliance persists, a Section 154 Enforcement Notice may be served and, where necessary, the matter may be referred for legal proceedings.
In practice, Planning Enforcement, working in conjunction with the Environmental Health Officers, has adequate powers under the Planning and Development Act 2000 (as amended) to investigate and address complaints relating to dust, mud and debris arising from construction activity. The Council keeps under review any issues raised and how these could be addressed via conditions attached to planning permission or via requirements to be addressed in developers’ Construction Management Plans.