April 2005 Area Committee meeting
Question: Councillor M. Baker:
"To ask the Manager if prosecution proceedings pursuant to Section 157 of the Planning and Development Act 2000, have been initiated against the owners of The Playwright/TGI Friday for non compliance with the Enforcement Notice recently issued?"
The Council received a complaint on 23rd October 2004 that neon strip lighting and signage advertising "TGI Friday" on the external elevations of the premises The Playwright, Newtown Park Avenue, Blackrock had been erected and a Warning Letter pursuant to Section 152 of the Planning and Development Act 2000 was served on the reputed owners on 12th November 2004 in respect of this development. Any person served with a Warning Letter may make submissions or observations in writing to the Planning Authority regarding the purported offence not later than four weeks from the date of service of this letter and the owners replied on 30th November 2004 to state that all works carried out to the premises were exempted development and that the signage complained of was replacing existing signage. The Planning Authority carried out an inspection on 14th December 2004 and noted the following unauthorised developments at this location:
- 5 illuminated TGI Friday advertisements
- Illuminated neon tube lighting under the eaves of the premises
- Construction of a partially enclosed smoking area with a retractable roof approximately 50 square metres in size.
- Large enclosed bin storage area to the rear/west with concrete supports and timber panel infill to an average height of 2 metres.
A letter issued to the owners on 21st December 2004 requiring them to remove the above-mentioned unauthorised developments by 10th January 2005 in order to obviate the necessity for enforcement proceedings. The Council carried out a further inspection on 26th January 2005 and at the time of inspection it was noted that the situation on site remained unchanged. Accordingly, an Enforcement Notice pursuant to Section 154 of the Planning and Development Act 2000 was served on the owners requiring that the land be restored to its condition prior to the commencement of the development within one month from 31st January 2005. A further inspection of the premises was carried out on 22nd March 2005 and the Planning Inspector has reported that the Enforcement Notice has not been complied with. Accordingly, arrangements are now in hand to institute prosecution proceedings pursuant to Section 157 of the Planning and Development Act 2000 in respect of failure to comply with the terms of the Enforcement Notice.