Central Area Committee July


Question to City Manager                                                
Meeting 12th July 2011


Q42      Councillor Cieran Perry

To ask the Manager to request Planning Enforcement to survey the water tank on the roof of Phil Ryan’s public house



The Planning Enforcement Section does not carry out surveys of property to determine compliance with planning legislation. The Section responds to and investigates specific complaints made in writing alleging unauthorised development.

Part VII of the Planning and Development Act 2000 sets out the procedure that must be followed in investigating an unauthorised development. In the first instance, a complaint must be received in writing, following which a Warning Letter advising the property owner/developer that an alleged unauthorised development is being investigated is sent. The Warning Letter must allow the recipient up to 4 weeks to respond  and any such response must be considered when deciding whether to issue an Enforcement Notice.

In respect of the property mentioned, the complaint concerns the planning status and potential danger of a water tank. In respect of the planning status of the tank, a Warning Letter pursuant to section 152 of the Planning and Development Act 2000 has issued to the owner and manager of the premises. They have been allowed four weeks to respond and, following that period, a decision will be made on further enforcement proceedings. Concerns of safety due to its location have been referred to the Council’s Dangerous Buildings Section for investigation.


Q43      Councillor Cieran Perry

To ask the Manager to confirm that any decision made concerning the future use of Chester House will be agreed with Councillors before any service is begun. Can he detail any proposals for the use of Chester House which are currently being discussed? 




Dublin City Council is convening a meeting with local area councillors to discuss the future use of Chester House.

This meeting is scheduled to take place shortly.


Q44      Councillor Cieran Perry

To ask the Manager to outline the latest details regarding the proposed provision of a rail stop/platform at Royal Canal Park and provide any minutes of meetings between all the vested parties. Also, could the Manager comment on the following statement which is contained in the Maynooth Railway EIS scoping document distributed by Roughan & O'Donovan Engineers on behalf of Iarnrod Eireann that: -

"3.5 : There will be no additional stations constructed as part of this project. ".





This matter is presently under investigation and a reply will issue directly to the Councillor in due course.


Q45      Councillor Cieran Perry

To ask the Manager to provide an update on the Section 152 Warning Letter (Planning and Development Act 2000) issued to the owners of 52 Mountjoy Street





A Warning Letter pursuant to section 152 of the Planning and Development Act 2000 issued to the property owners on 1 July 2011.

These works include:

  • Repairs to roof, chimney stack and rainwater goods
  • Repairs to and reinstatement of timber sash windows and glazing
  • Re-point plinth at ground floor and replace stone at entrance
  • Remove all vegetation from the main building, return and rear extension
  • Repair and re-point boundary wall capping and secure against entry


All these works are to be carried in accordance with the 2004 Architectural Heritage Guidelines issued by the Department of the Environment, Heritage and Local Government and subsequent advice series publications and to the satisfaction of Dublin City Council”.

The Letter also asked the owner to submit details of the work proposals and a timescale for completion of the works. In accordance with section 152 (4) of the Act, the owner has four weeks to submit the required details.


Q46      Councillor Cieran Perry

To ask the Manager to provide the following information in relation to the CCTV camera on Fassaugh Avenue: -

When was the camera installed?
What was the cost of the equipment and installation?
The length of time the camera has been defective since the installation?
What is the cause of this defectiveness?
Who is responsible for the repair of the camera?
What is the delay is repairing the camera? 





  • June 2008.
  • €19,122 approximately, excluding installation of supporting pole.
  • Defective since November 2010.
  • Break in communications between unit and main mast (Cam32).
  • DCC have agreed to take responsibility for repair of the camera and the costs involved even though it was never envisaged at the outset that this would be our responsibility.
  • Engineers currently working on camera. It is hoped to have it fully functional by the end of next week (w/e 15/07/11).


Q47      Councillor Cieran Perry

To ask the Manager to confirm if tagged black waste collection bags will be collected in McKee Park as advised by the local litter warden





McKee Park is a wheeled bin collection area and we are not aware of any arrangement to have tagged bags collected there.


Q48      Councillor Cieran Perry

To ask the Manager following on from Question 43 at the May 2011 CAC, and Question 46 at the September 2010 CAC (in relation to the apartment complex at 55 – 58 East Road, East Wall), can he give any indication when this matter may be resolved? Can the manager provide details of any updates in the legal proceedings since June, are any further court dates scheduled and of the options available to DCC if McGinley Construction continues its failure to comply with the fire safety notice?
Will the Manager ensure the car park is inspected regularly because residents are aware of vehicles having been parked there despite the order?
There appears to be a plan to open a retail unit at the front of the apartments, will the Manager clarify whether this is permissible, given the current legal impasse?




  • Recently some works, relating to fire tender access, were carried out.
  • At this time, there are no further Court dates scheduled for legal proceedings under the Fire Services Act, 1981 (As Amended).
  • The basement has and is being inspected on a regular basis to ensure compliance with the Order of the High Court. On all inspections this year it was noted that the Order was complied with- at the time of the inspections.  Dublin Fire Brigade has received no reports of any vehicles being parked in the basement car park. 
  • The Fire Safety Notice in respect of the premises prohibits use for retail purposes.  If the Councillor is aware of any breach of the fire safety notice he should bring it to the immediate attention of the Fire Authority.




Q49      Councillor Cieran Perry

To ask the Manager to provide details of payments made by DCC to National Toll Roads, in relation to the use of the East Link Bridge by vehicles as per the current HGV management strategy.
Can details of agreements between DCC and NTL in relation to the East Link Bridge be provided?
Are similar arrangements in place between local authorities and NTL in relation to other tolls?




Dublin City Council does not make payments to National Toll Roads and has no agreement to make any payments. Dublin City Council operates a rebate system to individual hauliers who are forced to use East Link Bridge due to restrictions on HGV’s entering city centre cordon. Between July 2010 and June 2011 a total of €628,855 in rebates was paid to hauliers.


Q50      Councillor Cieran Perry


To ask the Manager in relation to the €600,000 agreed by the Department of Tourism, Culture and Sport in 2010 for renovation works at the public swimming pools in Sean McDermott Street, Crumlin and Coolock, to provide the following details: -

When was this money drawn down by DCC?
Has any of this money been spent yet, and if so how?
What works are proposed for Sean McDermott Street pool and what are the likely commencement and completion dates for these works?




As part of the proposal to keep the three stand alone swimming pools at Sean McDermott Street, Crumlin and Coolock open under revised operating hours Dublin City Council sought funding to carry out some remedial works.  These remedial works are works of an essential nature to prolong the continued operation of the swimming pools rather than of a cosmetic nature. In our funding request the following works were identified with the provision that subject to the costs of these works other works of a refurbishment/ cosmetic nature would also be carried out subject to funding being available.

The list of works identified is as follows: =


New Boiler 
Repair cracks to external and internal walls.
Repair cracks to balcony area.
Upgrade electrical services where needed.


Repairs to the roof (resurface flat roof and replace roof lights)   in Crumlin swimming pool,
Repair seals around windows in pool area in Crumlin swimming pool.
Repairs to cracks in external and internal walls in Crumlin swimming pool.
Resurface the car park area at Crumlin swimming pool.
Upgrade electrical services where needed.


Seal external beam and clad internal beams.
Repairs to plaster work in pool ceiling and toilets area.
Upgrade electrical services where needed.

Works which could be carried out in all three swimming pools subject to funding being available include  works in the plant rooms , general painting works, refurbish /replace shower units, renew tiling in shower/toilet areas. All pools should have insulation blankets and automatic chemical dosing systems.
Managers orders approving the appointment of consultant engineers for the provision of consulting mechanical and electrical engineering  services  and  consultant engineers for the provision of consulting civil and structural engineering services were signed on the 24th June 2011.
It was agreed at the Swimming Pools sub committee of the SPC that no specific funding allocation would be made to individual swimming pools until the essential works are completed.
The funding available is €600,000 in total and to date an amount of €8,900 has been used.

We are awaiting confirmation from the City Architects on the commencement and completion date of these works.




Q51      Councillor Cieran Perry

To ask the Manager to provide a report on the current status of the negotiations in relation to Gaelscoil Bharra in Cabra.




Dublin City Council at it’s meeting on 4th April 2011 assented to the proposed surrender of a portion of lands at Fassaugh Avenue and the re-grant of a new lease of the remainder of the lands to St. Finbarrs GAA Club.  At the same meeting the Council also assented to the proposed disposal in fee simple of the portion surrendered to the Minister for Education and Skills for the erection of a permanent gaelscoil for Gaelscoil Bharra.

The matter has been passed to the Council’s Law Agent for the completion of the legal process, but one of the conditions included in this disposal is that the Minister is to apply for planning permission within six months from the date of approval of the disposal by the City Council.  In this regard I understand that officials from the Department of Education and Skills have been holding pre planning meetings with officials from the Council’s Planning Department prior to the lodgement of their application.



Q52      Councillor Cieran Perry

To ask the Manager to provide an update on Enforcement issue E0966/10 – Fassaugh House Pub





Following investigation of a complain that a smoking area had been provided at the public house concerned, an Enforcement Notice pursuant to section 154 of the Planning and Development Act 2000 was served on the owners requiring:

  • The removal of the unauthorised roofed structures, and
  • The removal of the unauthorised signage affixed to the unauthorised roofed structures.


The Notice issued on 22 June 2011 and the latest date for compliance is 22 August 2011