Not so Open Space/Taking in charge

Not so Open Space/Taking in charge

Postby Nugget » Wed May 13, 2009 8:57 pm

Hi,

First time posting, I've done a search here but can't find any similar posts. I’m wondering if anyone can offer advice regarding an open space in the area where I live. Here’s a brief summary of the problem.

I live in a house built in the 1930’s. The house was built by a Public Utility Society and I’ve been able to track down the original building report in the Dublin City Archives (the original plans were destroyed in a fire apparently). The planning permission granted makes particular reference to the provision of an open space for the entire development.

Now here’s the problem. Over the years some of the residents living around the open space have fenced the space off and have locked the gate. They do not own the open space, the freehold title and leasehold title are owned by different ground rent companies.

The residents in question have become the keepers of the gate. I have met with the residents, the council, various elected representatives and many others in trying to assess what right these residents have in blocking access to what was a recreational facility outlined in the original permission.

I have pointed the residents to the new Dublin City Council ‘Taking in charge’ policy, the Children’s Play Policy, the Dublin City Development Plan etc. These all advocate the provision of open space for successful community living. They are not bothered by any of this and have since erected a larger fence that does not meet with planning legislation. The local enforcement officer stated that the fence was 500mm over the maximum allowable height but said he wasn’t going to do anything in this instance. When I pointed out that they were not the owners and had no right to erect the fence he told me to take a civil action against them. When I sought legal advice it was suggested that I place my own lock on the gate to give them a taste of their own medicine.

I’m in favour of resolving this in as civil a manner as possible but three years of talking to lots of people has borne little fruit. Has anyone experienced a similar situation? Can anyone offer advice on how I might proceed with the matter? Any help would be much appreciated.
Nugget
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Re: Not so Open Space/Taking in charge

Postby tommyt » Wed May 13, 2009 11:14 pm

Ask Noel O'Gara for a few tips! (sorry... couldn't resist). But seriously you could try buying the freehold?
tommyt
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