COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, October 13, 2009
MOTION NO. 11
MOTION: Councillor C. Keane
"That this Committee discusses the various issues outstanding at Loreto Abbey; flooding of carpark; trees; landscaping plan; bonds; etc etc."
REPORT:
The following is the current position in relation to the various issues at Loreto Abbey;
Flooding of 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.
Trees and Landscaping - Condition 20 of Planning Permission Granted
Agents for the Developer have been advised that the issue of an approved Landscaping Plan for this development remains outstanding.
Bond held in relation to Condition 4 of Planning Permission Granted
Condition 4 of the original permission, S00A/0554 states
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.
In compliance with this condition, the developer lodged a bond of €4,000,000 with the Council, as guarantee for the carrying out of works for the preservation of the protected structures at Loreto Abbey. The works were specified in three schedules which form part of the bond.
An inspection of all the protected structures was carried out, during which it was noted that there are a number of outstanding works.
The Developer's Agent was advised of the outstanding works and informed that as the bond was due to expire in December, the Council would be seeking it’s extension. The bond was issued by De Montford Insurance Company, Summit House, Embassy Office Park, Kill, County Kildare.
A proposal regarding the extension and modification of the bond has been received, and is being considered in conjunction with legal advice.