COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, March 09, 2010
HEADED ITEM NO. 13
LORETO ABBEY
Flooding in Carpark – Condition 11
As previously reported, Enforcement proceedings were initiated against Lozeto limited for non-compliance with condition 11 of the planning permission Register Reference S00A/0554 insofar as it relates to the drainage arrangements on the site.
However, it has been reported in Stubb’s Gazette, that at a creditors meeting on January 7, 2010 Lozeto Ltd resolved that the company be wound up voluntarily, and that Jim Hamilton of BDO Simpson Xavier, Beaux Lane House, Mercer Street Lower, Dublin, be appointed liquidator.
The Council’s solicitor has advised that this causes difficulties with pursuing the legal proceedings but that he is pursuing the matter with the Liquidator.
Bond – Condition 26
On 27th November lasts 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.
De Montford Insurance Company PLC have very recently responded formally to the Council’s claim, raising a number of issues to which a response is being prepared.
Building Regulations
The matter of non-compliance with the Building Regulations has been examined by the Building Control Section, and a number of probable breaches have been identified.
The Council’s solicitor has advised that whereas enforcement proceedings for non-compliance with Building Regulations are possible, such cases are difficult to prosecute, and the benefit of taking such proceedings against a company in liquidation is questionable.
When he has examined all the facts in this matter, including the Council’s Building Control Engineer’s report, he will give his considered advice on how to proceed.