COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, November 10, 2009
HEADED ITEM NO. 8
Re: Fire at Bolton Hall.
Bolton Hall was damaged by fire on Thursday 29th October 2009. The property is a protected structure in private ownership. The planning history in relation to the protected structure is set out below. It is important to emphasise that the site and structure are in private ownership and that South Dublin County Council must operate within the relevant legislation.
Following a number complaints in relation to unauthorized access to Bolton Hall, a Warning Letter was issued to the owners on the 4th July 2008 informing them of their obligations under the Planning and Development Act 2000 in relation to safeguarding of the Protected Structure under Section 58 (1) which states that “owner and each occupier shall, to the extent consistent with the rights and obligations arising out of their respective interests in a protected structure or a proposed protected structure, ensure the structure, or any element of it which contributes to its special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest is not endangered”. As Bolton Hall is under private ownership the Warning Letter detailed their obligation under the Act as detailed above.
The owners were given a two week period from the date of the letter to reply in writing or contact the Council’s Conservation Officer to discuss security issues on site and proposed steps required. As no reply was received during that period a Section 59 Endangerment Notice under Part IV of the Planning and Development Act 2000 was served.
The Section 59 Endangerment Notice which was served on the owners of Bolton Hall on the 18th July 2008 requested that the following shall be carried out:
“Review the current security situation and submit details to the Planning Authority for the proposed works to secure the structure from intruders. Measures shall include:
a) Secure all entry points onto the site of the Protected Structure and lock all gates. Ensure that the house and outbuildings are fully secure and that all openings are kept locked and secure at all times.b) Employ a security company to include the premises on a regular daily and nightly check to make the public aware that the premises are monitored.c) Replace all broken window panes where damage has occurred.
All works shall be undertaken in accordance with best conservation practice, have a reversible impact and not cause undue permanent harm to the existing fabric of the building.”
A letter was received from the owners on 23rd July 2008 stating that “the property has been boarded up to avoid malicious damage been caused to both the windows and the internal fabric of the prior to commencing the development.”
The owners also stated that “they were concerned that the building is an easy target for vandalism and anti-social behaviour if they did not take this appropriate course of action”. Another letter was received from the owners on the 29th July ’08 in response to the Section 59 Notice. The letter states that “South Dublin County Council are requesting additional security is put in place. We are currently obtaining quotations from various security companies to provide a monitoring service at regular intervals. We would like to discuss this further to agree the Schedule of Work”.
In response the owners were advised that contact be made with the Council’s Conservation Officer to discuss the security measures as required. A representative of the owners confirmed that he had engaged a security firm to carry out periodic checks of Bolton Hall. He also confirmed that the windows were boarded up and following a site visit by the owners that week he would provide an update of the situation. A letter dated the 17th September ’08 was received stating that an inspection was carried out and that they could confirm there were no signs of vandalism and that the site is being monitored on a weekly basis to ensure that the site is secure.
Following on from the above correspondences the Council’s Conservation Officer contacted the owners representative by phone on 5/11/08 to obtain a full update of the situation. The Conservation Officer confirmed that a formal response was required detailing how the owners of Bolton Hall has dealt with the items/issues detailed in the Section 59 Notice. A letter was received on 2nd December ’08 confirming the following details:
- The gates to Bolton Hall are padlocked at all times. The padlock was vandalized by local youths. The padlock was replaced with another higher security padlock and chain.
- All windows and doors are boarded from the inside to provide security while not detracting from the “look” of the building.
- The site is monitored by our own employees on a regular basis. We feel this is the only way to ensure the site is monitored to a satisfactory level.
- The Insurance Company who insure the site carried out a site inspection and assessment. They have confirmed that we have taken all the precautions we can in relation to mitigating the risk to the building and site.
It was considered at this time that the owners had acted positively following to the Section 59 Endangerment Notice and had carried out the necessary steps to address the works considered necessary as per the notice. The Conservation Officer deemed that a satisfactory response had been made to the Section 59 Endangerment Notice.
However, following further complaints of unauthorized access to Bolton Hall the Conservation Officer contacted the owners in November 2008 seeking that further details in relation to the ongoing security and monitoring of the site be submitted to the local authority in order to ascertain if an increased level of monitoring would be necessary and to confirm that the site was being kept secure at all times.
Further complaints were received by the local authority that the site was being accessed by unauthorized persons. Two members of planning staff visited the site on 07/04/09. A full inspection of the grounds was carried out. A report was prepared following the visit by the staff which states :
“The main entrance gate to Bolton Hall is secured by a heavy chain link lock, the ground floor windows and doors to Bolton Hall are secured by timber boarding, the gate from the front site of Bolton Hall to the walled garden is secured by a chain link lock, and the access from the rear site of Bolton Hall to the coach and outbuildings is secured by the placement of part of a heavy portion of original railing in front of the access. There were no visible signs that the site has been accessed on a regular basis or that damage was being done to the property.”
The securing and protection of the site and structure is a matter for the land owner, in the first instance, as Bolton Hall is private property. Following the damage caused by the fire in Thursday 29th October the structure has been assessed by staff from the Councils Architects and Planning Departments.
The Council’s Conservation officer attended a site meeting on Wednesday 4th November 2009 with a representative of the owners to inspect the structure and ascertain the necessary safety works to ensure the safeguarding of the structure. Following the site meeting the Council’s Conservation officer recommended that immediate action was required in terms of making the structure safe, protecting the structure from further damage and securing the site. Therefore it was recommended that a Section 59 Endangerment Notice be served on the owners of Bolton Hall to ensure the structure and the site are made secure and that the structure is protected from the elements. A Section 59 Notice was issued on Friday 6th November 2009 detailing the specific works required by the owner under the Notice.
Works required:
1. Review the current security situation and submit details to the Planning Authority for the proposed works to secure the structure from intruders. Measures shall include:-
a) Secure the front entrance gate into the front site of the Protected Structure
b) Secure all entry points into the building with appropriate block work; a ground floor opening should be sealed with secure steel sheeting to allow continual access into the building for further surveys and inspections.
c) Erect a temporary roof structure/cover to protect the existing fabric of the structure and also protected against water ingress and subsequent weathering of the exposed wall plates and to secure the structural stability of the chimneystacks. The proposed temporary roof structure/cover shall be metal sheets seared to an appropriately designed metal framework or suitable alternative. It shall be demonstrated that the temporary roof structure/cover will not undermine the structural integrity of the building.
d) Submit a statement detailing that the external envelope of the structure is preserved and immediate stability of the structure is secured.
All of the above works shall be approved by the Planning Authority prior to their implementation. All works shall be undertaken in accordance with best conservation practice, have a reversible impact and not cause undue permanent harm to the existing fabric of the building.
Under the provisions of the Planning and Development Act the owner may within a 4 week period from the date of the notice make a written representation to the Planning Authority concerning:
a) The terms of the Notice
b) The provision of assistance under Section 59 (2) of the Planning & Development Act 2000 (as amended)
c) Any other material considerations
The owners are then required to carry out the remedial works necessary to prevent Bolton Hall from becoming or continuing to be endangered to be carried out within a specified period of not less than 8 weeks from the date of the notice. Once the necessary remedial works to safeguard the structure and secure the site are carried out a further assessment will then be made in terms of the appropriate restoration and reinstatement works required by the owners of Bolton Hall.