Cllr. Marie Baker

4^th JUNE 2008

Update on Enforcement Proceedings

Question: Councillor M. Baker:

To ask the Manager to provide an update on the enforcement proceedings in relation to "The Playwright/TGI Fridays"?

Reply:

An Enforcement Notice was served on 11^th November, 2005 in relation to the above premises requiring:

1. Removal of all advertisement signs erected on various building elevations within the premises, being 2 no. signs to front/east elevation facing Newtownpark Avenue, one flat fixed on the elevation and one double sided sign end facing to the elevation and projecting over the public footpath. 1 no. sign to rear/west elevation. 1 no.sign to end/south elevation and 1 no. sign to end/north elevation.
2. Removal of the illuminated/neon tube lighting to the under eaves of the property.
3. Restore the existing beer garden area to the side/south of the building to its original condition.
4. Removal of the large enclosed bin storage area to the rear/west of the building constructed with concrete supports and timber panel infill.

The Legal Services Department was requested to institute legal proceedings for non-compliance with the Enforcement Notice.

Proceedings were set down for hearing in Dun Laoghaire District Court on 3^rd April, 2008. The Defendant was convicted of the offence and costs were awarded to the Council. However the Judge put a stay of nine months on the Court Order to allow the Defendant to comply in full with the requirements of the Enforcement Notice.

In January 2009 the Enforcement Section will review the position having regard to the District Court Order.

A further Enforcement Notice was served on 21^st November 2007 in relation to the above premises requiring the removal of the full length glazed sections, reinstatement of the bay window wall sections and the fitting of glazed windows of size compatible with the original windows.

The Planning Inspector for the area has confirmed that the Enforcement Notice has not been complied with. The case has been referred to our Legal Services Department and a court date for hearing is now awaited.