Motion in the name Of Cllr. Dermot Lacey:
This Committee request the Manager to report on what consideration is given
To previous An Bord Pleanála decisions in relation to specific sites when new
applications are being made for the same site and what legislative measures
the Manager believes may be desirable or necessary to help ensure that best
planning decisions can be arrived at in these circumstances consistent with
the precedent of An Bord Pleanála decisions and hence avoiding unnecessary and
repetitious appeals."
Motion in the name Of Cllr. Dermot Lacey:
"In light of the increased number of construction projects and to ensure
disruption caused by such projects to residents are kept to a minimum, this
Committee agrees to discuss and request a report from the Manager on a
strengthening of the Planning Enforcement regime to include some or all of the
following:
1. The Planning Enforcement Office at Dublin City Council are required to
publish a list of active construction sites in the catchment area of Dublin
City Council with details of the owner of the site, the developer, the main
contractor and all sub-contractors working on the site as may be the case from
time to time.
2. It will be a requirement of the main contractor of a construction site
to provide a contact number with a live person available 24 hours a day for
the duration of their involvement on the site.
3. It will be a requirement within the planning conditions granted to all
construction sites that seven days notice of an Out of Hours permit request is
notified to local residents within a 500 meter distance of the boundary of the
site so they may lodge objections and that the issuing officer in Dublin City
Council must write their reasons for granting or denying a permit and that
decision must be made available to anyone on an Freedom of Information
request.
4. Out of Hours work permits will be restricted to a maximum of six hours
past the normal working hours stipulated in the planning conditions. The
normal working hours shall be set at 7am to 6pm Monday to Friday and 8am to
2pm on Saturday. Public holiday weekends from the 2pm finish time on that
Saturday will not be considered for Out of Hours permit requests.
5. The Planning Enforcement Office at Dublin City Council must maintain and
publish monthly reports on the Dublin City Council website with details of
complaints made by the public against construction sites for breeches of
planning conditions on the grounds of Out of Hours work where prior permission
would be required. In addition, the Planning Enforcement office will be
required to give a detailed report on the investigation they carried out on
foot of the complaint.
6. The Planning Enforcement Office will be required to accept and consider
any evidence supplied by a complainant in their investigation of the
complaint.
7. The Planning Enforcement Office must complete their investigation of a
complaint within six weeks of receipt of a complaint. Where a complaint
requires additional time to complete the investigation a senior manager in the
Planning Office may extend the period to no more than a second six week
period.
8. Fines and penalties for breaches of Out of Hours work shall be set at 4%
of the total budget of the construction project. This will apply to site
owners, main contractors connected to the site. All sub-contractors working on
the site will be subject to a fine of 4% on the total contract they have
agreed with the commissioning party, i.e.: the site owner, the developer or the
main contractor.
9. In the event of repeated breaches of the Out of Hours planning
conditions, officers of Dublin City Council may clamp all vouches and heavy
machinery related to the site to prevent the main contractor or sub-contractor
from removing them until all fines are paid.
Minutes:
Motion in the name Of Cllr. Dermot Lacey:
This Committee request the Manager to report on what consideration is given
To previous An Bord Pleanála decisions in relation to specific sites when new
applications are being made for the same site and what legislative measures
the Manager believes may be desirable or necessary to help ensure that best
planning decisions can be arrived at in these circumstances consistent with
the precedent of An Bord Pleanála decisions and hence avoiding unnecessary and
repetitious appeals
Cllr. Lacey explained the context of Motion.
Discussion followed.
Agreed: A short report will be prepared by the City Planner for the next SPC meeting
Agreed:Report to Councillor
Motion in the name Of Cllr. Dermot Lacey:
"In light of the increased number of construction projects and to ensure
disruption caused by such projects to residents are kept to a minimum, this
Committee agrees to discuss and request a report from the Manager on a
strengthening of the Planning Enforcement regime to include some or all of the
following:
1. The Planning Enforcement Office at Dublin City Council are required to
publish a list of active construction sites in the catchment area of Dublin
City Council with details of the owner of the site, the developer, the main
contractor and all sub-contractors working on the site as may be the case from
time to time.
2. It will be a requirement of the main contractor of a construction site
to provide a contact number with a live person available 24 hours a day for
the duration of their involvement on the site.
3. It will be a requirement within the planning conditions granted to all
construction sites that seven days notice of an Out of Hours permit request is
notified to local residents within a 500 meter distance of the boundary of the
site so they may lodge objections and that the issuing officer in Dublin City
Council must write their reasons for granting or denying a permit and that
decision must be made available to anyone on an Freedom of Information
request.
4. Out of Hours work permits will be restricted to a maximum of six hours
past the normal working hours stipulated in the planning conditions. The
normal working hours shall be set at 7am to 6pm Monday to Friday and 8am to
2pm on Saturday. Public holiday weekends from the 2pm finish time on that
Saturday will not be considered for Out of Hours permit requests.
5. The Planning Enforcement Office at Dublin City Council must maintain and
publish monthly reports on the Dublin City Council website with details of
complaints made by the public against construction sites for breeches of
planning conditions on the grounds of Out of Hours work where prior permission
would be required. In addition, the Planning Enforcement office will be
required to give a detailed report on the investigation they carried out on
foot of the complaint.
6. The Planning Enforcement Office will be required to accept and consider
any evidence supplied by a complainant in their investigation of the
complaint.
7. The Planning Enforcement Office must complete their investigation of a
complaint within six weeks of receipt of a complaint. Where a complaint
requires additional time to complete the investigation a senior manager in the
Planning Office may extend the period to no more than a second six week
period.
8. Fines and penalties for breaches of Out of Hours work shall be set at 4%
of the total budget of the construction project. This will apply to site
owners, main contractors connected to the site. All sub-contractors working on
the site will be subject to a fine of 4% on the total contract they have
agreed with the commissioning party, i.e.: the site owner, the developer or the
main contractor.
9. In the event of repeated breaches of the Out of Hours planning
conditions, officers of Dublin City Council may clamp all vouches and heavy
machinery related to the site to prevent the main contractor or sub-contractor
from removing them until all fines are paid.
Cllr. Lacey explained the context of Motion.
Discussion followed.
Agreed: Report to SPC Members
Revised Motion in the name of Cllr. John Lyons:
“To amend Section 16.10.14 of the Dublin City Development Plan, namely the Ancillary Family Accommodation section which deals with providing a member of the immediate family with temporary accommodation”
To remove the following provision” The proposed accommodation is not a separate detached dwelling unit, and direct access is provided to the rest of the house”
and replace with
“The proposed accommodation can be either an attached dwelling unit with direct access provided, or a free standing structure to the rear or side of the main family dwelling.”
Cllr. Lyons explained the context of Motion.
Discussion followed. The SPC members were generally supportive of the principle behind the motion, as amended. However, it was explained that a proposal to initiate a variation process would be on the foot of a planning assessment of the issues carried out by the Executive, and that a decision on a proposed variation is a function of the elected members of the City Council.
As such, it was indicated to the SPC that a headed report would be brought to the February meeting of the City Council, which would include issues raised in recent cases, such as residential amenity, precedent, enforcement and implications for backland development generally.
.