COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, December 15, 2009

HEADED ITEM NO. 5

Loreto Abbey

Flooding in Carpark – Condition 11

On 4th November last an Enforcement notice issued to Riversmith Ltd., and Lozeto Ltd. requiring the following:

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

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

One of these companies, Riversmith Ltd., is now in receivership, and the receiver William G. O’Riordan, of Price, Waterhouse, Coopers, has advised that the company no longer has an interest in any property at Loreto Abbey.

An inspection carried out on 20th November last ascertained that works to comply with the Enforcement Notice had not commenced, and the matter has now been referred to the Council’s solicitor for proceedings through the courts.

Bond – Condition 26

In addition, on 27th November last a letter issued to De Montford Insurance Company PLC advising that the Council wished to make a claim on the bond of €465,964, lodged under Condition 26 “….. 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, ….”

It is the Council’s intention to include in this claim all outstanding planning matters covered in the condition of the permission.

Building Regulations

A further issue has arisen at Loreto Abbey in relation to compliance with Building Regulations. This matter is being examined by the Building Control Section, to establish if there are clear breaches of the Building Regulations, and to consider what enforcement action the Council may take if there are.