COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, January 12, 2010
HEADED ITEM NO. 4
LORETO ABBEY
REPORT:
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.
Following a briefing, the Council’s solicitor has indicated that there may be a weakness in the Enforcement Notice as served, and recommended the service of a new one. This was done on 17th December last, specifying that remedial works commence on 7th January 2010, and be completed by 7th April 2010.
The solicitor is still under instruction to seek an early court date in the event of non-compliance with the Enforcement Notice.
Bond – Condition 26
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, ….”
Discussions have been held with a representative of the Insurance Company, and he has been informed that the substance of the claim relates to remedial works for the flooded carpark, and works for the removal/pruning of trees.
He has stated that he will arrange a site inspection as early as possible in the New Year.
Building Regulations
The matter of non-compliance with the Building Regulations has been examined by the Building Control Section, and a number of breaches have been identified.
The necessary documents are being prepared to enable the taking of enforcement proceedings under the Building Control Act in relation to these breaches.