COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF RATHFARNHAM AREA COMMITTEE

Tuesday, April 13, 2010

HEADED ITEM NO. 15

LORETO ABBEY

Flooding in Carpark – Condition 11

As previously reported, Enforcement proceedings were initiated against Lozeto Limited for non-compliance with condition 11 of planning permission Register Reference S00A/0554 insofar as it relates to the drainage arrangements on the site.

The Council’s solicitor has issued a summons in this matter, and a court date is awaited.

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, ….”

Following verbal discussions with a representative of the Insurance Company, wherein it was stated that the substance of the claim relates to remedial works for the flooded carpark, and works for the removal/pruning of trees, formal correspondences were exchanged.

To date there has not been a response to the Council’s letter of 11th March last, and consideration is being given to referring the matter to the Council’s legal representatives.

In the meantime, an Enforcement Notice has been issued to Danninger Limited, the company on whose behalf the bond was issued.

 Building Regulations

The matter of non-compliance with the Building Regulations has been examined by the Building Control Section, and a number of possible breaches have been identified.

The Council’s solicitor was asked for advice on proceedings, and he has stated that as a conviction for non-compliance with Building Regulations is a criminal offence, and that as proving the offence after a development is completed is extremely difficult or virtually impossible, proceedings in this instance are unlikely to be successful.

This matter will not therefore be pursued.