Q31.
COUNCILLOR PADDY MCCARTAN
To ask the City Manager the following questions re: IBS Yard, Cambridge Square,
Ringsend, Dublin 4 – a diesel dispensing operation started up in 2011 at the IBS
yard. Up until this point the yard was used as storage for building products and boat
storage with limited noise and opening hours.
I would like the following questions answered please:
1-Did this diesel selling operation receive planning permission to change the use of
the premises in this residential area?
2-Has the Fire Dept. confirmed there is no fuel danger and no safety concerns?
3-Has the Revenue Commissioners received taxes from this operation and is the
diesel operator issuing receipts to his many customers?
4-Is this yard permitted to extend its opening hours from 8am to 8pm seven days a
week which causes residents to be awoken each day?
5-There is a very noisy generator used by the diesel operator that causes constant
noise. There has also been a huge increase in noisy traffic. Are such noise levels
permitted in a residential area where the residents of Fisherman’s Wharf, Cambridge
Square and Cambridge Court are severely inconvenienced and many do not open
their windows anymore?
6-Is there a traffic hazard for local children playing with cars speeding in and out of
this operation?
7-Has the fuel operator paid any fines for the illegal advertising posters and signs
that they installed on lampposts and walls and placed on footpaths in Ringsend and
neighbouring roads?
8-Is the diesel operator resident in the Republic of Ireland or Northern Ireland?
9-Are you fully satisfied that all their diesel is legally sourced and that there is no fuel
smuggling involved?
10-Is it likely this operator will receive an annual mineral oil licence after June 2012?
CITY MANAGER’S REPLY:
Planning permission has not been granted for the sale of diesel fuel from the yard
mentioned. Following receipt of complaints, an Enforcement Notice was served on
the yard’s owner and occupiers as known. The Notice required the cessation of the
sale of fuel from the yard. The Notice was not complied with and legal proceedings
were instituted. Shortly before the case came for hearing, the summons served on
the owner was returned unserved while evidence was submitted that said occupier
was not involved in the sale of fuel – another person was carrying out this operation.
It was also submitted that fuels sales have been taking place for over 20 years and
enforcement action is therefore statute barred. This claim is being examined.
1.
2. The above matter has been referred to Fire Prevention, Dublin Fire Brigade and an
inspection is currently being arranged. A reply will be forwarded after the inspection.
3. This issue does not fall under the remit of Dublin City Council therefore we can not
comment on this matter.
4. This issue does not fall under the remit of Dublin City Council therefore we can
not comment on this matter.
5. The Air Quality Monitoring and Noise Unit has received complaints regarding noise
from this site. This Unit is awaiting the outcome of the examination by Planning
Enforcement of the status of the site and the identity of the operator, as these are
also central to taking successful enforcement proceedings under noise control
regulations.
6. The layout of Cambridge Square is such that the approach to this business from
Thorncastle Street is 6.3m wide and 24m long with car parking on both sides. The
length of this approach would not warrant concerns about speed under normal
circumstances.
The Traffic Engineer visited this square and noted that there was a regular flow of
traffic through the square to this business but did not witness any speeding.
The other approach to the business is via Cambridge Street which is effectively a
4.6m wide carriageway, 66m long, with parking on one side. The width of this street
would not encourage speed and from a practical point of view would not be the most
obvious approach to the business.
The length of both approaches would therefore not meet the criteria for speed checks
as both approaches are less that 200m.
7. The City Council does not comment on individual cases in accordance with the
provisions of the Data Protection Act. The flyposting of commercial advertisements
is in breach of the Litter Pollution Acts and also the City Council’s Postering Protocol.
In these instances the posters can be removed and fines issued under the Litter
Pollution Acts.
8. This issue does not fall under the remit of Dublin City Council therefore we can not
comment on this matter.
9. This issue does not fall under the remit of Dublin City Council therefore we can not
comment on this matter.
10. This issue does not fall under the remit of Dublin City Council therefore we can not
comment on this matter.