Served with Enforcement Notice

The developer of a building beside The Hideout which was not completed in line with planning permission has been served with an Enforcement Notice by Kildare County Council.



Following complaints about the height of the structure, as well as other related matters, James Browne of Clane has been given two weeks to inform the Council of his plans to make the building compliant with the permission. He will have a further two months to rectify the matter.

Following an investigation, the Council found that Mr Browne's development is in breach of his permission on ten counts.

These include an excess height of approximately one metre, an unauthorised 'A' roof over a section of the building, unauthorised installation of six windows and a related relocation of a ventilations system, and an unauthorised screen wall on the second floor with four unauthorised access points.



Earlier this year the developer was also forced to close up a number of unauthorised windows which had been opened out onto the forecourt of the Esso filling station beside the building. Concerns of the danger of explosion and fire had been raised by Esso and the operator of the filling station, Josephine Byrne.

The excess height of the building has also been strongly criticised locally and has been the subject of considerable discussion by Kilcullen Community Action.

If Mr Browne fails to rectify the situation within the time stipulated, the Council has powers to go in and carry out the work itself, including demolition of any unauthorised aspect, and recover subsequently from the developer any costs incurred.

In addition, failure by the developer to carry out the necessary rectifications as detailed on an Enforcement Notice could make him liable to penalties of up to almost 13m euros as well as possible imprisonment for up to two years.

Ladbrokes recently opened a new betting shop on the ground floor, relocating from a smaller premises on the Milemill Road. The betting company was granted a separate planning permission for that business.

The Council's action against the developer is under the the provisions of Section 154 of the Planning & Development Act 2000-2006.

Brian Byrne.