COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, November 10, 2009

HEADED ITEM NO. 7

HEADED ITEM: Planning Department

ENFORCEMENT PROCEEDINGS AT LORETO ABBEY

Report:

The following report, which has already been circulated to members, is the current position regarding the various matters at loreto Abbey

Flooding in Carpark – Condition 11

Agents for the developer submitted revised proposals for remedial works to the Council on 16^th October last. These were examined by Environmental Services department, and are acceptable subject to some conditions. A response issued to the developer’s agents on Tuesday, 27^th October requesting a timetable for implementation.

As an implementation timetable has not been received Enforcement notices issued on 4th November to Riversmith Ltd., and Lozeto Ltd. requiring the following:

….. on/ before 19^th November 2009 that the works proposed in the submission to the Planning Authority dated 16^th October 2009 and as amended by the Council’s Senior Engineer in his report dated 27^th October 2009 (copy attached) commence.

 AND within the specified period commencing 19^th November 2009 and ending 26^th January 2010 that the works proposed in the submission to the Planning Authority dated 16^th October 2009 and as modified by the Council’s Senior Engineer in his report dated 27^th October 2009 (copy attached) be carried out and completed

As one of these companies, Riversmith Ltd., is now in receivership, a copy of the notice has been sent to the receiver William G. O’Riordan, of Price, Waterhouse, Coopers

 Bond of €4,000,000 – Condition 4

In response to a proposal from the developer’s agent to reduce the bond to €500,000, the Council has requested an extension of the bond for four years, in the sum of €1,000,000.

This matter has been brought to the receiver’s attention.

Landscaping/Trees – Condition 20

Condition 20 of the original permission refers, and this states

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

 A landscape plan was submitted in 2002, and was unacceptable to the Parks Department for the following reasons:

 “First, no information has been provided on the measures to be used for the protection of trees and hedgerows to be retained during the development.

 Second, the landscape scheme by Tully Nurseries is not satisfactory, as a Detailed Landscape Plan is required.  This plan is to be in accordance with South Dublin County Council's Guidelines for Open Space Development & Taking in Charge available from the Parks and Landscape Services Department.”

 This information was not formally conveyed to the developers’ agent until 22^nd October last.

In a written and verbal response, the developers’ agent has stated that in view of the time that has elapsed it is unreasonable to pursue this matter now, and that if there are any outstanding issues in this regard, they are a matter of maintenance, and are the responsibility of the management company.

It is unlikely that any planning enforcement action would be appropriate on this matter, but Parks department is dealing with the management company on aspects of the landscaping and tree maintenance.