Fence on green space remains in situ after council gives notice

WATCH:

A fence erected in Old Bawn is still standing after the council had ordered it to be removed by Monday via an enforcement notice.

The local authority ordered that the fence at the green space near Firhouse Road West be taken down at the latest seven days after the notice was issued, but the structure remains in place.

The Echo visited the site on Tuesday and saw the fence still in place, despite the notice period closing.

The enforcement notice required full remediation of the site and the removal of all unauthorised works.

A trench was recently dug on the same land several weeks ago and was subsequently filled in by the council, but astro-style fencing is now in place at the same boundary.

The notice sent by South Dublin County Council was carried out under Section 154 of the Planning and Development Act 2000.

SDCC’s Director of Service Teresa Walsh stated upon issue of the notice: “South Dublin County Council did not erect or authorise the fencing of any section of green space at this location.

“The council is currently pursuing urgent enforcement action in relation to the unauthorised fencing and encroachment onto publicly accessible open space.”

When a trench was dug at the site, the council’s Public Realm department had come down to the site to examine the situation.

Works ceased and the greenspace was brought back to its original form, but now the fence has been placed, and it is understood by residents that adverse possession has been claimed over the land.

Adverse possession allows a person to claim legal ownership of land without paying for it, if they occupy it exclusively and without permission.

Residents previously made clear concerns that the fencing erected at the weekend will lead to further development and one told The Echo of the “anger and confusion” among those in nearby dwellings.

The ownership of the site upon which the fence has been erected was called into question recently.

Through a land registry search, the area in question is connected to folio number DN4822F, described as a freehold – the land under this number extends beyond the green space and encompasses several houses in the nearby area.

South Dublin County Council has been contacted for further comment.