Finally, Fingal’s planning enforcement section have issued a warning letter in relation to non-compliance with the conditions of planning permission in Baldoyle. I have put the exchange of emails relevant to this letter below.
From: <@fingal.ie>
Date: Fri 24 May 2024 at 17:09
Subject: RE: FW: Planning Enforcement complaint, non-compliance with conditions 17 and 18 of F16A/0412
To: Cllr David Healy (con) <David.Healy@cllrs.fingal.ie>, <@fingal.ie>
Cc: Planning Enforcement <Planning.Enforcement@fingal.ie>
Dear Cllr. Healy,
I wish to acknowledge receipt of your recent correspondence.
In relation to enforcement file ENF24/095, a warning letter, pursuant to section 152 of the Planning and Development Act 2000, as amended, was issued on 14/05/2024, the particulars of which are as follows:
- Non-Compliance with Condition 17 of ABP Reference PL06F.248970 (Fingal County Council Reference F16A/0412)
- The development shall be carried out on a phased basis in accordance with the proposals submitted with the application. Prior to commencement of any development on the overall site, details of the first phase shall be submitted to, and agreed in writing with, the planning authority. Work on any subsequent phases shall not commence until such time as the written agreement of the planning authority is given to commence the next phase.
- Reason: To ensure the timely provision of services, for the benefit of the occupants of the proposed dwellings
- Non-compliance with Condition 18 (c) of ABP Reference PL06F.248970 (Fingal County Council Reference F16A/0412)
- 18. The construction of the development shall be managed in accordance with a Construction Management Plan, which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This plan shall provide details of intended construction practice for the development, including:
…(c) Alternative arrangements to be put in place for pedestrians, cyclists and vehicles in the case of the closure of any public road or footpath during the course of site development works and the maintenance of access to Clongriffin Railway Station at all times
- Reason: In the interest of amenities, public health and safety
Condition 18 (c) requires the maintenance of access to Clongriffin Railway Station at all times.
Investigations remain open and ongoing at present into this matter.
Regards,
I Planning & Strategic Infrastructure Department l Fingal County Council I County Hall l Main Street l Swords l Co. Dublin l K67 X8Y2
Ph : (01) 8905000
From: David Healy / Daithí Ó hÉalaithe <david.healy@cllrs.fingal.ie>
Sent: Wednesday, May 22, 2024 10:15 AM
To: <@fingal.ie>; <@fingal.ie>
Subject: Re: FW: Planning Enforcement complaint, non-compliance with conditions 17 and 18 of F16A/0412
Dear and,
I would be grateful for
- a copy of any warning letter, enforcement notice or decision on enforcement in relation to F16A/0412,
- a copy of any submission and associated response and any internal documentation in relation to condition 17 of F16A/0412
- an explanation why the statutory timelines are not being met in respect of the non-compliances with this permission which have been brought to the Council’s attention over recent years.
Thank you,
David
Cllr. David Healy
+353 87 6178852
54, Páirc Éabhóra,
Beann Éadair,
Co. Bh.Á.C.
@davidhealyv
On Tue, 14 May 2024 at 15:02, <@fingal.ie> wrote:
Dear Councillor Healy,
I wish to acknowledge receipt of your correspondence in relation to your email of 8th April 2024.
Section 152 (3) of the Planning and Development Act 2000, as amended, states that the planning authority shall issue the warning letter under subsection (1) as soon as may be but not later than 6 weeks after receipt of the representation,
It is the objective of the Planning Enforcement section to issue a warning letter where appropriate as soon as is possible. Some investigations may be more protracted and involved, as is the case here, and each case is examined on a case by case basis.
We will update you, in writing, following any further action taken by the Planning Enforcement section in relation to this matter,
Regards,
I Planning & Strategic Infrastructure Department l Fingal County Council I County Hall l Main Street l Swords l Co. Dublin l K67 X8Y2
Ph : (01) 8905000
From: David Healy / Daithí Ó hÉalaithe <david.healy@cllrs.fingal.ie>
Sent: Friday, May 3, 2024 11:38 AM
To: <@fingal.ie>
Subject: Fwd: Planning Enforcement complaint, non-compliance with conditions 17 and 18 of F16A/0412
Dear ,
It has taken almost 4 weeks to get an acknowledgment of my email to planning enforcement of 8th April (below). That letter followed emails of 5th and 6th March which have not been answered, and emails from me on 4th December and from Myrtle Residents of 11th September. The September correspondence followed years of engagement by residents and councillors with the Council Executive which have always been directed to and handled by Planning Enforcement.
At the briefing on Planning Enforcement, [ ] told us that “in 95% of cases, a warning letter is issued within a week of receiving a complaint.”
Why is the handling of this extremely important case so far from that level of service?
Thanks,
David
Cllr. David Healy
+353 87 6178852
54, Páirc Éabhóra,
Beann Éadair,
Co. Bh.Á.C.
@davidhealyv
———- Forwarded message ———
From: <@fingal.ie>
Date: Fri, 3 May 2024 at 10:42
Subject: RE: Planning Enforcement complaint, non-compliance with conditions 17 and 18 of F16A/0412
To: Cllr David Healy (con) <David.Healy@cllrs.fingal.ie>
Dear Cllr. Healy,
I wish to acknowledge receipt of your correspondence dated 8th April 2024,
The matter is currently under investigation by the Planning Enforcement section, and we will update you in due course on this matter,
Regards,
I Planning & Strategic Infrastructure Department l Fingal County Council I County Hall l Main Street l Swords l Co. Dublin l K67 X8Y2
Ph : (01) 8905000
From: David Healy / Daithí Ó hÉalaithe <david.healy@cllrs.fingal.ie>
Sent: Monday, April 8, 2024 7:38 PM
To: <@fingal.ie>; <@fingal.ie>; <@fingal.ie>
Subject: Planning Enforcement complaint, non-compliance with conditions 17 and 18 of F16A/0412
A chairde,
I refer to previous correspondence below which has not yet been answered. I am writing again firstly because I want to ensure that this is understood as a formal planning enforcement complaint and secondly because my further reading of the planning file demonstrates further non-compliance of a fundamental nature in relation to the provision of the access between Clongriffin and Baldoyle.
Condition 18 of F16A/0412 is very clear that it requires the maintenance of access to Clongriffin Railway Station at all times.
In relation to the issues of phasing of development, Condition 18 of F16A/0412 has not been complied with.
Condition 17 of F16A/0412 has also apparently not been complied with. The public living in the Baldoyle and Clongriffin area is suffering an apparently indefinite delay in the provision of Stapolin Square, which is the planned permanent access to the railway station and across the railway line. The need for correct phasing was identified in the Local Area Plan, referred to in the planning application, and given effect by Condition 17, which reads:
“17 The development shall be carried out on a phased basis in accordance with the proposals submitted with the application. Prior to commencement of any development on the overall site, details of the first phase shall be submitted to, and agreed in writing with, the planning authority. Work on any subsequent phases shall not commence until such time as the written agreement of the planning authority is given to commence the next phase.
Reason: To ensure the timely provision of services, for the benefit of the occupants of the proposed dwellings.”
A compliance submission in relation to this condition was submitted to Fingal county Council in December 2019 and rejected by the Council in August 2020. I enclose a copy of the relevant documentation from the online planning file. There is no further compliance documentation in relation to this condition on the website.
I request that appropriate enforcement action is taken as a matter of urgency.
Le meas,
Cllr. David Healy
+353 87 6178852
54, Páirc Éabhóra,
Beann Éadair,
Co. Bh.Á.C.
@davidhealyv
———- Forwarded message ———
From: David Healy / Daithí Ó hÉalaithe <david.healy@cllrs.fingal.ie>
Date: Wed, 6 Mar 2024 at 17:24
Subject: Fwd: Access between Baldoyle and Clongriffin, including Clongriffin station
To: <@fingal.ie>
Dear ,
This is the email discussed at our meeting today including reference to the enforcement file 23/279B.
Regards,
David
———- Forwarded message ———
From: David Healy / Daithí Ó hÉalaithe <david.healy@cllrs.fingal.ie>
Date: Tue, 5 Mar 2024 at 20:05
Subject: Access between Baldoyle and Clongriffin, including Clongriffin station
To: <@fingal.ie>, <@fingal.ie>
Cc: <@cllrs.fingal.ie>, <@cllrs.fingal.ie>, <@cllrs.fingal.ie>, <@cllrs.fingal.ie>, <@cllrs.fingal.ie>, <@cllrs.fingal.ie>
Dear and,
As there’s quite a lot of detail in relation to the planning enforcement aspects of the access, I thought it would be useful to share the following in writing in advance of our Area Cttee meeting tomorrow afternoon, where the issue of the access is again on the agenda.
Myrtle Residents sent an email on 11th September 2023 to planning.enforcement@fingal.ie including the following:
“We the members of Myrtle The Coast Residents Association, in Baldoyle, would like to submit a formal complaint regarding the maintenance of the stairwell access to Clongriffin Dart Station. This is our only access point to the dart station, from the Baldoyle side. We feel that Richmond Homes are failing in their planning permission requirements to provide adequate access to our Dart Station.”
I sent an email on 4th December including the following:
“We drew your attention on 10th November to the signs indicating an intention to block a public right of way at night. I now understand that gates/shutters have been installed and the contractors have told members of the public that Richmond Homes intends to start closing the access next week.
“Please note that in addition to being in breach of the planning permission for the site, such closing of shutters would be the obstruction of a public right of way which is an offence under s.73(10) of the Roads Act, and that it is the function of Fingal under s.73(11) “to protect the right of the public to use public rights of way in its administrative area.”
Apparently, the only enforcement file opened by the Council in relation to these and other complaints, was 23/279B (also referred to in one letter as 23/179B), which was an investigation into the size of the signs which announced the temporary access would be closed at night. After issuing a warning letter on around 30th November 2023 and continuing to investigate until around 13th February 2024, the Planning Department concluded that the signage was considered insubstantial. It went on to state
“The temporary access arrangement, per Condition No. 6 of An Bord Pleanála Ref PL 06F 224781, is in place.”
It appears that the decision closing the enforcement file refers to only one planning file: ABP 06F.224781, even though the station, including the access, was built under F04A/1484, and the access is also covered by F16A/0412 ABP PL06F.248970.
F04A/1484
From the documentation I have been able to access on F04A/1484, the temporary access is an inherent part of the plans and particulars. Condition 1 is clear:
“The development to be carried out in its entirety in accordance with the plans, particulars, specifications, and information lodged with the application as amended by additional information received on 8th June 2005, save as may be required by the other conditions attached hereto.”
Condition 12 is also relevant:
“The proposed development shall be subject to agreement with the Transportation Department of Fingal County Council and in particular:
…
“(e) The proposed option and details for the temporary access route from the eastern side of the development, including setdown facilities for vehicular traffic and parking and safe movement for pedestrians and cyclists, shall be agreed prior to construction.”
F06A/0671
Although ABP 06F.224781 isn’t on the ABP website, I managed to find some information associated with this file on the Fingal website with the reference F06A/0671. Condition 6 reads:
“6. Prior to the commencement of development, the developer shall submit to and agree in writing with the planning authority, details of temporary access arrangements to the proposed rail station for agreement.
Reason: in the interest of the proper planning and sustainable development of the area.”
There’s no compliance information associated with this condition on the Fingal website. In fact, it appears that this planning permission hasn’t been commenced. If it has been commenced, I would be grateful for a copy of the compliance submission for Condition 6 as agreed by the Council and the commencement information. As you know, if it hasn’t been commenced, the planning conditions associated with the application have no effect.
F16A/0412
I have however also noted F16A/0412 ABP PL06F.248970. I am at a loss as to why this permission has not been referred to by the Planning Enforcement Section over many discussions in recent months.
Condition 18 of that permission, which was granted to the receivers in late 2017, reads:
“The construction of the development shall be managed in accordance with a Construction Management Plan, which shall be submitted to, and agreed in writing with, the planning authority prior to commencement of development. This plan shall provide details of intended construction practice for the development including:
…(c) alternative arrangements to be put in place for pedestrians, cyclists and vehicles in the case of the closure of any public road or footpath during the course of site development works and the maintenance of access to Clongriffin Railway Station at all times.”(my emphasis)
This development appears to have been commenced as a large number of houses have been built in line with the plans and particulars. Whatever the content of the Construction Management Plan, to be in compliance with the permission, it must provide for the maintenance of access to Clongriffin Railway Station at all times. (Unfortunately I can’t find a compliance submission and agreement with Condition 18 online. I would be grateful for a copy.)
On being told on 1st November 2023 that the Planning Department had concluded that there were no enforcement options open to them at that stage (note this was before the closure of the access at night), the Area Cttee. agreed the following motion:
“That the Chief Executive obtain independent legal advice for councillors about the decision of the Fingal Planning Department not to enforce the failure of Richmond Homes to provide universal access to Clongriffin Dart Station. This includes full examination of the relevant planning applications in consideration of local government, planning, and disability law. This is in the context of the lifts regularly breaking down and not being repaired in a timely manner. Currently the lifts have been broken for nearly 60 days so anyone in a wheelchair has not been able to access the DART station which needs to be examined.”
On 23rd February 2024, local councillors received an unsigned email via Corporate Services telling us that we couldn’t invoke s.132 of the Local Government Act. This is something we had not purported to do and something we had not in any way referred to, understandably as that would be a reserved function of the full Council.
We have not at any stage received any explanation of the Planning Enforcement Section’s conclusion that they could not take enforcement action over the lack of maintenance and prompt repairs to the access, a conclusion apparently reached without opening an enforcement file and thus not documented as provided for in s.153 of the Planning and Development Act.
If I understand the letter about the closure of Enforcement file 23/279B correctly, the Council’s assessment of the planning status of the deliberate closing of the access at night was made with reference to a planning permission which has not been activated, and without reference to the activated permissions under which the access was built and under which other houses have recently been built.
Best regards,
Cllr. David Healy
+353 87 6178852
54, Páirc Éabhóra,
Beann Éadair,
Co. Bh.Á.C.
@davidhealyv