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26th July 2022
04:47pm BST
In this instance an enforcement notice under Section 154 of the Planning and Development Act 2000 (as amended) was served requiring the removal of the unauthorised mural painted on the front of the building. This enforcement notice was complied with as the mural was removed.The Planning and Development Act is defined as "an act to revise and consolidate the law relating to planning and development by repealing and re-enacting with amendments", and can be enacted as follows: (a) plastering or painting or the removal of plaster or stucco, or (b) the replacement of a door, window or roof, "that materially alters the external appearance of a structure so as to render the appearance inconsistent with the character of the structure or neighbouring structures". As part of the discussion on Twitter, Irish photographer Ruth Medjber wrote that: "If DCC get just 1 single complaint about an artwork, it's ordered to come down. Instantly", citing Joe Caslin's piece for Down Syndrome Ireland (which was erected with permission from the building owners) as an example. https://twitter.com/ruthlessimagery/status/1551487038070968321?s=20&t=rzRrwZZp8JbcgHvHQG6RZw When Lovin asked about DCC's protocol for removing murals, they responded:
READ NEXT: Two firefighters hospitalised fighting southside gorse blazeDublin City Council does not generally remove murals from private property. If it comes the attention of DCC that a mural has been painted on private property that can be viewed externally enforcement action is commenced under Section 151 to Section 160 of the Planning and Development Act 2000 (as amended). There are a range of powers that a Local Authority has in terms of the service of statutory warning letters, notices and legal proceedings. A phased approach is generally taken by the Planning Enforcement Section relating to such matters.
