MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 26, 2018

MOTION NO. 4

MOTION: Councillor L. O’Toole

“That this Area Committee requests the Chief Executive to report on the Derelict Site Act and in particular with reference to the site at Coolamber. This land is still not developed and subsequently it remains in a derelict condition. The existing boundary is not of fit purpose and has led to a number of issues and resident’s concerns within the locality.”

REPORT:

With specific reference to Coolamber House:

The file for Coolamber House, Lock Road, Lucan, Co. Dublin was recently re-opened and an up to date owner check completed.

The Building Inspector called to the site on 19th June, 2018 and found the boundary to the site  secure at this time. Contact has been made with the Directors of the Company who own the site,and on 22nd June it was confirmed by the registered owners that the site is “sale agreed”.

There is a live planning application on the site SD16A/0306.

Management of Derelict Sites:

In accordance with Section 3 of the Derelict Sites Act, l990 as amended a derelict site is defined as:

Any land which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question because of –

(a) the existence on the land in question of structures which are in a ruinous, derelict or dangerous condition, or

(b) the neglected, unsightly or objectionable condition of the land or any structures on the land in question or,

(c) the presence, deposit or collection on the land in question of any litter, rubbish, debris or waste, except where the presence, deposit or collection of such litter, rubbish, debris or waste results from the exercise of a right conferred by statute or by common law.

In order to eliminate/abate dereliction the Council has and continues to rely on the following provisions of the Derelict Sites Act:-

• Section 11
• Section 8 (2)
• Section 8 (7)
• Section 15
• Section 16
• Section 17
• Section 22
• Section 23

A Section 11 Notice is served where in the opinion of a local authority it is necessary to do so, in  order to prevent land situate in their functional area from becoming or continuing to be a derelict site,

A notice under this section becomes effective after the expiration of fourteen days from the date of service of the notice, and

• specifies the measures which the local authority (or the Minister, as the  case may be) consider to be necessary in order to prevent the land from becoming or continuing to be a derelict site,
• direct the person on whom the notice is being served to take such measures as may be specified in the notice, and
• specify a period (being not less than one month from the effective date of the notice) within which such measures are to be taken

A Section 8(2) Notice is served by the Local Authority on the owner and occupier (where they can be ascertained by reasonable enquiry) before making any entry on the register in relation to any land advising of their intention to make such entry.  The Local Authority provides opportunity, and shall consider any representations any owner or occupier may make in writing within such period as may be specified in the notice, and may either make the entry or not as they think proper having regard to such representations.

A Section 8 (7) Notice is served by the Local Authority on the owner and occupier of a site where there is failure by the owner / occupier to respond to a Section 8 (2) Notice and where the owner / occupier has failed to take steps to render the site non derelict, advising that an entry has been made in the register.

A Section 15 Notice is served by the Local Authority on the owner and occupier of a site where it is intended to compulsorily acquire a derelict site.

A Section 23 Notice is served by the Local Authority on the owner and occupier of a site in respect of a levy / charge on the site where a market value has been determined (in accordance with Section 22) and which stands entered on the register on the first day of January of that financial year, until the dereliction is rectified.

There are currently 18 Derelict Sites on the Derelict Sites Register as of 19th June, 2018.