COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, September 15, 2009

QUESTION NO. 13

QUESTION: Councillor E.Coburn

"To ask the Manager for an update on the Enforcement application submitted by Loreto Residents Association to SDCC Enforcement Department in respect of non compliance by the developer of Loreto Abbey?"

REPLY:

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.