COMHAIRLE CHONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TERENURE-RATHFARNHAM AREA COMMITTEE (1)

Tuesday, October 3rd, 2006.

MOTION NO. 10

MOTION: Councillor S. Laing

That the Manager give a full detailed report of the builders yard which is situated at the rere of Muckross Avenue for many years and would he now agree that a change of use has taken place and would he now take the necessary enforcement action and that a full debate take place on this serious matter.

REPORT:

Complaints alleging a possible unauthorised use of the yard/lands to the rear of Muckross Grove/ Avenue, Perrystown, Dublin 12 were received in March 2005. The alleged unauthorised use consisted of the establishment of a Builders Providers Business trading as SLM Providers Ltd.

The lands were inspected on 1^st April 2005, at which time it was noted that they had previously been used as a depot/yard by a civil engineering contractor, Chatham Pipelines Ltd., for the storage of materials to be used in civil engineering contracts, for the storage of excavated materials from such works, the parking and keeping of vehicles needed in connection with such contracts, the carrying out of mechanical repairs to such vehicles and the running of such business.  

The Planning Inspector reported that it could be considered that a change of use had taken place from builder’s yard/depot to a wholesale builders providers and a Warning Letter dated 29^th April 2005 was served on the directors of SLM Providers Ltd.

Further research showed that Enforcement proceedings were taken against Chatham Pipelines Ltd in 1989. The company were convicted and fined £800 in the District Court.  This conviction was appealed to the Circuit Court.  At the same time a Reference under Section 5 of the Local Government Act, 1963 was made to An Bord Pleanála contending that the lands had been used as a builders depot since before October 1964 and that the Planning Authority were precluded from taking enforcement action.  An Bord Pleanála decided in favour of the applicant and ruled that no change of use had taken place which would require planning permission.

A submission was received from Maguire McErlean Solicitors on behalf of their client SLM Providers Ltd.  In this submission SLM Providers Ltd denies that there has been any change of use in relation to the above lands and that the current use by SLM Providers Ltd is that of a builder’s yard/depot.

In the light of the above history of this site, the Planning Inspector has reported that there is no evidence that a material change of use of the lands has taken place.  However, a complete review of the entire case is being undertaken, and any enforcement action that may be open to the Planning Authority in relation to this matter will be taken.