Council not notified over change of use for IPAS centre in Citywest

South Dublin County Council were not notified by the Department of Justice over change of use for the IPAS centre at Citywest.

The local authority said they will not be pursuing an enforcement action against the department for this.

Accommodation centres for people seeking international protection are exempt from ordinary planning regulations.

Under a statutory instrument (SI) 376 that was brought into effect two years ago, no planning permission is needed to change the use of a building to “accommodate or support displaced persons or persons seeking international protection”.

However, there is a legal requirement under the instrument for any person or body to give prior notification to the relevant local authority of their intention to change the use of a building to an IPAS centre.

In response to a query from Cllr Francis Timmons (Ind), a senior council official said that “there was no prior notification issued by IPAS to South Dublin County Council in respect of the change of use.”

They said the council’s planning department consider “pursuing enforcement activity on a case-by-case basis”, but that they do not intend to pursue this with the Department of Justice even though “prior notification as set out in Class 20F was not provided”.

“This is because while the regulations state that prior notification is required, the council is now in formal communications with the Dept. of Justice in this matter, and there is no provision in this exemption to require a retrospective application for retention of permission for change of use up to such notification.”

Cllr Timmons said that the lack of prior notification from the Department of Justice raises concerns over the fairness of applying planning regulations differently to various entities.

“It seems to me that there’s a different level of what’s acceptable and what’s not acceptable for everyone else,” he said.

With so much contention and controversy already in the community about the IPAS centre at Citywest, the lack of due diligence being followed by the Department of Justice was concerning, he continued.

“If the rule’s there for me, they should be the rules for the department as well,” he said.

Funded by the Local Democracy Reporting Scheme