Carnalway enforcement notice

The Planning Department of Kildare County Council has issued an Enforcement Notice to the owner of the land at Carnalway who blocked off access to a traditional riverside path and amenity area.

The notice is dated 1st December, under Section 154 & 155 Planning & Development Act, 2000 TO 2002, and says 'whereas the land has been developed without the required permission and whereas the Planning Authority have received a complaint regarding the enclosure and obstruction of access to the River Liffey and whereas the Planning Authority have investigated the matter and found it not to be frivolous or vexatious, Kildare County Council has decided that it is expedient to serve an Enforcement Notice'.

This means that within two weeks from 1st December 2006, Mr Langan (the owner) is required to remove all barriers which have been erected for the purposes of limiting access along this stretch of the River Liffey and to further provide a pedestrian access to the area, to the satisfaction of the Planning Authority.

If these steps are not carried out, the planning authority may enter on the land and take such steps, including the removal, demolition or alteration of any structure and may recover any expenses reasonably incurred by them in this situation.

"As this situation has been ongoing for quite some time now, locals are delighted with this progress," says local man Tom Horan, "and with the effective determination with which Kildare County Council are dealing with this situation."

The Diary understands that representatives of local people who have taken a legal action on the matter recently attended 'proximity talks' in Naas Court with Mr Langan's representatives, offering to monitor the area for litter etc, to the best of their ability, but no agreement was reached at the meeting.

[NOTE: That last paragraph is a clarification of a previous version of the story, where it was suggested that some form of agreement may have been achieved. 'Proximity talks' are talks where the participants don't actually meet, but 'talk' via their representatives from different rooms.]

Brian Byrne.