Agenda item

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.

 

 

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