COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, September 15, 2009
MOTION NO. 14
MOTION: Councillor C. Keane
That this Committee discuss with the aid of a report the ‘unfinished’ Loretto Abbey –protected structure - site in Rathfarnham with a view to ensuring that the community gain on this site is fully enforced in light of the current developments in the courts relating to the company responsible for this site. To state what action /claim SDCC can enforce to ensure that the community gain aspect on this site - one of the arguments used in securing planning permission on this site is fully realized (b) that the site landscaping plan – still outstanding – is completed to the satisfaction of SDCC immediately. Taking into consideration SDCC is the only body charged with ensuring community gain is utilized – to give a full report on the history - current status of nursing home proposals for this site (c) to state the amount of bond currently held by this council until all works are satisfactorily carried out. "
REPORT:
Register reference S00A/0554 and ABP Reference No. PL 06S.125554, granted by An Bord Pleanala on 23rd May 2002 gave permission for the development of apartments, a crèche and the conversion of the protected structure to a nursing home.
Register reference S00A/0554/EP was granted on 16/05/2007 for an extension of duration of permission to the parent permission. S00A/0554 for two years. This permission expired on 16th May 2009.
Register reference, SD04A/0858, seeking to alter the proposal granted under S00A/0554 (to convert the protected structure to a nursing home) to instead change to use of the protected structure to offices was refused by An Bord Pleanala on 21st June 2005.
SD07A/0781 and PL 06S.228111, granted by An Bord Pleanala on 12th January 2009 added a 3 storey extension to proposed nursing home, resulting in an increase in the no. of bedrooms in the proposed nursing home from 102 to 113. The Council has not received a commencement notice is respect of this permission.
Condition 4 of PL 06S.125554 (S00A/0554), the permission granted by An Bord Pleanala, on 23rd May 2002 stated;
No apartment in the proposed development shall be occupied until the proposed works to the existing buildings Blocks L and N have been carried out and completed to the satisfaction of the planning authority. Details to show future compliance with this requirement shall be submitted to the planning authority for written agreement prior to commencement of development.
On 10 Dec 2004 by letter the Planning Dept consented to the lodgement of a bond of €4million in compliance with condition 4. The documentation with the bond outlined works carried out (Schedule 1) and works to be carried out (Schedules 2 & 3) to the Protected Structure. The bond did no specifically refer to the provision of a nursing home but related to works to be carried out to preserve the protected structure. On the basis that it was deemed that sufficient works to the Protected Structure had been carried out and that security was in place for future works, the Council consented to the occupation of units in the proposed development. This bond expires on 6th December 2009.
The Council has sought legal advice as to the sequestration of this bond.
The other options available to the Council in respect of the protected structure relate to enforcement action under Part VIII of the Planning Act and Development Acts 2000-2007 (usual enforcement), and under Part IV which deals specifically with protected structures.
In this regard an enforcement warning letter was served on 26th May 2009 for non-compliance with condition 1 and an Enforcement Notice issued on 4th September 2009 for non-compliance with this condition, specifically for the failure to provide a nursing home.
Furthermore on the basis of an inspection an enforcement notice was issued on 28th August 2009 in respect of non-compliance with condition 4, regarding the non completion of works to preserve the protected structure as specified in Schedules 2 and 3 of the Bond.
The option of pursuing enforcement proceedings under Part IV, relating to the possible endangerment of the Protected Structure is also being investigated.
In respect of the issues relating to the basement car park of the apartment development at Loreto Abbey, condition 26 of the original planning permission for this development, S00A/0554, granted by An Bord Pleanala on 23-May-2002, stated the following;
Prior to commencement of development, the developer shall lodge with the planning authority a bond of an insurance company, a cash deposit, or other security to secure the provision and satisfactory completion of roads, sewers, watermains, drains, car parks, open spaces, tree protection and other services required in connection with the development, coupled with an agreement empowering the planning authority to apply such security or part thereof to the satisfactory completion of any part of the development. The security to be lodged shall be, as follows -
(a) an approved insurance company bond in the sum of €465,994 (four hundred and sixty five thousand, nine hundred and ninety four euro), or
(b) a cash sum of 465,994 (four hundred and sixty five thousand, nine hundred and ninety four euro) to be applied by the planning authority at its absolute discretion if such services are not provided to its satisfaction, or
(c) a letter of guarantee by any body approved by the planning authority for the purpose in respect of the proposed development in accordance with the guarantee scheme agreed with the planning authority and such lodgement in any case has been acknowledged in writing by the planning authority.
Reason: To ensure the satisfactory completion of the development.
The council holds a bond in the sum of €465,994 in respect of this condition. This bond could only be used to ensure the completion of development which is;
a. specifically required by the planning permission and
b. is located in a publicly accessible area (i.e. capable of being taken in charge)
A Warning Letter was issued on 28th May 2009 in relation to alleged unauthorised development taking place on the lands, consisting of the non-compliance with Condition Nos. 1 and 11 of the Grant of Planning Permission under Register Reference No. S00A/0554 & ABP Reference No. PL 06S.125554, in particular in respect of the stormwater drainage of the main basement car park, the attenuation tank and outfall, giving rise to flooding of the main basement car park.
The Environmental Services Department are investigating the surface/storm water and drainage arrangements in the development to ascertain where and to what extent they do not comply with the permission.
If there is non-compliance in publicly accessible areas, in addition to enforcement action the bond will be sequestered.
It is expected that the Environmental Services report will be available within a week.
Finally, in respect of the question relating to the landscape plan for this development, condition 20, of Register reference S00A/0554 and ABP Reference No. PL 06S.125554, granted by An Bord Pleanala on 23rd May 2002, stated the following;
Prior to commencement of development, a landscaping scheme shall be submitted to the planning authority for agreement. This scheme shall include details of all existing trees and hedgerows on the site, specifying those proposed for retention, together with measures for their protection during the period in which the development is carried out. The site shall be landscaped in accordance with the agreed scheme, which shall also include a timescale for implementation.
The Parks Department are investigating this matter to see if compliance with this condition has occurred.