COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, October 13, 2009
MOTION NO. 10
MOTION: Councillor J. Lahart
"That the Manager present a full report to the committee on the proceedings regarding Loreto Abbey Apartment Enforcement Notice and the actions taken to date by the council, to include details of how the Council forwarded a warning letter to the incorrect address initially and to include copies of all correspondence between the Council and Daninger and any related issues."
REPORT:
Planning Enforcement received a complaint on 20th April 2009 in relation to possible no-compliance with Condition Nos 1 and 11of the Planning Permission Granted on 23/5/02 under Register Reference S00A/0554 and PL06S.125554 in that (i) a pumping system has been provided to the surface water attenuation tank rather than a gravity connection to the Council’s surface water sewer downstream of the attenuation tank and hydrobrake as indicated on Drg. No. 33352-16 Rev.A and (ii) the drainage arrangements carried out during the course of development may not have included adequate measures to prevent the main basement car park area from flooding.
An investigation by the Senior Planning Inspector into the issues raised in the complaint confirmed that further action was required and a Warning Letter dated 28th May 2009 pursuant to Section 152 of the Planning ans Development Acts 2000-2007 was served on the Developer of the lands to the address as detailed in the Commencement Notice submitted to the Planning Authority.
Several other issues have been brought to the attention of the Planning Authority in subsequent complaints. These matters are being investigated and pursued with the Developer separately to the investigation into the flooding issue in the main basement carpark.
A meeting was held with the Developer's Agents on 23rd September 2009. During this meeting it became clear that the Developer had not received the Warning Letter served in May 2009 (as the Developer had relocated and it appears that the Warning Letters had not been forwarded to the new address). However, the Agents for the Developer acknowledged the difficulties with the underground carpark, and submitted two drawings of proposals to remedy the problem.
The Council's Engineer discussed the proposals with the Agent, and found them acceptable in principle, but stated that he would need a day or two to examine the detail. Following consideration of the proposals, the Council's Engineer required technical amendments. These revised proposals were submitted for consideration and following further discussions with the Council's Engineer, the developer has undertaken to submit proposals to remedy the flooding problem for approval and attachment to the planning file by Friday 9th October.
Once the proposals are formally approved, it is expected that the implementation of the works will commence within 3-4 weeks of formal approval, and will be completed within 3 months.
The Agents were further advised at this meeting that the bond in the sum of €465,000, which the Council holds under condition 26 of the original permission S00A/0554 would not be released until these works, and other drainage works which were discussed, were completed satisfactorily.
As the original Warning Letter was not received by the Developer, a further S152 Warning Letter issued to the Developers regarding this matter on 16th September 2009. The Developer has been made aware that following receipt of acceptable proposals to resolve the flooding issue, an Enforcement Notice will be served in relation to this matter should the agreed works not commence within 3 to 4 weeks of formal approval and or be completed within 3 months of commencement.
As this matter is still under investigation, any documents or correspondence held on the enforcement file, may in time form the basis of legal proceedings in this matter. Accordingly, in order to ensure that any future legal proceedings are not prejudiced, copies of correspondence between Planning Enforcement and the Developer (apart from any Warning Letters or Enforcement Notices served) cannot be released at this time.