Residents of Brittas will have to wait until next Tuesday in the hope that the Circuit Court ensures that an enforcement order issued by South Dublin County Council (SDCC) is given effect.
The order was issued in October against Branach Developments who have been hastily constructing modular homes on the site, and Mullnassa Limited which is the registered owner of the site at Chianti Park/Hillsbrook.
The first part of a two day hearing began yesterday before Justice John O’Connor.
SDCC are joined in the proceedings by John O’Neill whose family home is directly opposite the site and who claims to have been adversely impacted since the development began in August. He was represented separately by Conor Sheehan SC who outlined this aspect of the case to the Court.
Stephen Dodd SC, for the Council made a strong argument for the site to be closed down. He began by claiming that despite the warning letter issued in August and despite the enforcement order that the developers have accelerated work on the site. “Multiple” new dwellings have appeared since the order.
That fact is attested to by photographs Gript has published over the last two months. The inspection reports from the SDCC confirm that such intensified work has been taking place and that was evident when I visited the site. The inspector’s affidavit describes what is taking place as the construction of “entirely new structures.”
Dodd began by posing the question as to whether the development had planning permissions and if it was entitled to a pre 1963 exemption from such permissions and he stated that none of these apply to the development. “Where is the evidence of the previous structures being renovated?”
Nor did he accept that the site, as was now being claimed by the developers, was entitled to an exemption under Section 4 1(h) of the 2000 Planning and Development Act. That section allows exemptions for “maintenance, improvement or other alteration” which do not “render the appearance inconsistent with the character of the structure or of neighbouring structures.”
Dodd argued that this simply does not apply and that what is being built are “permanent structures with permanent foundations” and even went so far as to state that any claim to the contrary invited “utter incredulity.” Then – with the observation that “pictures are worth a thousand words”- he presented photographs of the site which he claimed showed that none of the work could be justified as maintenance or improvement of what was already there.
He also pointed out as did Conor Sheehan that the development is not only unauthorised but that it is in clear breach of the SDCC county development plan with regard to Brittas being zoned as an area of special protection. Criteria that have been strictly applied in the case of planning permissions sought by local people.
In summing up, Dodd reiterated the Council’s claim that the Brittas site is “manifestly unauthorised development” and that it needed to be stopped and the site restored. He further claimed that the developers had been attempting to delay the proceedings and that “no normal process” had been followed.
He also cited other cases to back the contention that no stay ought to be placed on the enforcement order and that this is clearly the view of the courts and indeed of the Oireachtas. He put it as his view that recent Court decisions have indicated that the Court tends to oppose any delays or stays or retentions for what have been shown to be unauthorised developments.
Michael O’Donnell SC for the developer and owners claimed that the site is entitled to an exemption and mentioned a new affidavit that he would require an hour of the Court’s time to present and Justice O’Connor adjourned to Tuesday to allow O’Donnell time for this.
Sheehan, on behalf of John O’Neill, noted that he was being placed at somewhat of a disadvantage in that he had not seen the new affidavit that the opposing Counsel was proposing to present and outline.
All of that must wait until Tuesday with the residents of Chianti Park and other local people hoping that the Court allows South Dublin County Council to force the closure of what on the face of it local Councillors have argued is clearly an unauthorised development which the developers and owners have gone to some lengths to rush to complete over three months following the issuance of the first warning letter by SDCC.