COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, November 23, 2010

MOTION NO. 4

MOTION: Councillor E. Tuffy

Cathaoirleach's Business

That the Manager would present a detailed report on the Taking-in-Charge of Rossberry and Griffeen Glen Boulevard Estates, Lucan, the report to cover the taking-in-charge of Open Spaces as well as Roads and Services, and that the Manager would make a statement on the length of time taken by the Council to take housing developments in charge, and if, in the context of the extreme reduction in the amount housing construction in the area, residents can expect a significant decrease in the time taken to take completed developments in charge. 

REPORT:
In respect of the Rossberry development, the development was constructed by two developers, Kingscroft and Hollioake.

For the part developed by Hollioake, in respect of surface building control items the remaining items are mainly at Rossberry Avenue relating to repairs to footpaths and an isolated case of ponding. The developer is undertaking to engage a contractor in this matter and also for completion works to road surfaces at Tullyhall.

The more significant issue is the absence of CCTV footage of drains from the developer which is preventing the Council from surveying the adequacy of drainage in the development. The Council has requested this CCTV and is withholding the security of the developer pending its receipt.

In respect of the part developed by Kingscroft, the developer was required to provide a schedule by the end of September in respect of drainage. The developer has since carried out a full survey to identify misconnections and Environmental Services are testing water samples and hope to know if the water complies with required standards by the end of the month. If the tests indicate that the issue is not resolved the Council will proceed to carry out a survey and cover those costs from the developers security. To date the developer has paid for the Councils sampling costs in this matter. 
There is only one remaining surface issue in the Rossberry Park area.

Therefore overall in Rossberry while surface issues are being addressed there is necessary analysis needed on drainage issues and the Council is obliged not to take in charge services that are not completed satisfactorily and therefore must insist on a high standard of completion.

The open spaces in Rossberry Estate are in the charge of the Council.  In the area off Griffeen Avenue outstanding works requested have been carried out to the satisfaction of the Parks and Landscape Services Department. The only remaining impediment to taking in charge of this area is the submission of documentation by the developer.  The developer is now arranging for this matter to be brought to a conclusion shortly.

In respect of Griffeen Glen Boulevard, the developer, Newlyn Developments Ltd has submitted as constructed drawings. A list of minor works mainly relating to footpaths, has been issued to the developer in order to complete same. Drainage is satisfactorily completed however there is a minor leak at a hydrant that needs to be attended to.

SDCC is currently reviewing all CCTV of underground drainage networks as part of the Taking in charge process. It would be inappropriate to estimate the cost of repairs, if any, at this stage. An initial claim on the bond for the development in relation to identified defects is being prepared.

In respect of the open space, the Council has been in dialogue with the developer about the taking in charge of the open space and in order for this to proceed official maps and documentation from the developer’s solicitor has been sought.

Traditionally taking in charge of services within developments progress best when construction activity is high. Developers were previously building and selling residential units and were more actively involved in work on sites within the County and in completing developments.

In the current climate, for the last two years, most of the developments where services have been taken in charge have reached this point through initiatives of the Council, involving claims on security, enforcement action and increased inspections, particularly of underground services. This action was not necessary during increased construction activity. As many developers are not currently active on site the Council increasingly is met with resistance to its demands to require works to be carried out to complete services to an acceptable standard.

Accordingly, reduced construction activity effectively increases the reaction time from developers to complete outstanding items forcing the Council to use the available means at its disposal to progress the matter.