COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF LUCAN AREA COMMITTEE

Tuesday, February 28, 2012

MOTION NO. 4

MOTION: Councillor W. Lavelle

That this Area Committee requests the Manager to expedite proceedings against the developer of Hansted Estate to seek the speedy resolution of the long-delayed taking-in-charge of the Estate.

REPORT:
Permission for this development was granted by An Bord Pleanala on 04-Jul-2002, S01A/0664 (06s.128152) refers. The last phase of the development commenced in August 2005.  A management company was formed, as required by the planning permission and controls common areas in the development.

The developer offered some roads, footpaths and open space in this estate for taking in charge and the Council had been working with McInerney Homes on completion works. Nonetheless substantial works to services were required at the point when the developer entered receivership last year.

After the appointment of the receiver, KPMG, during late summer 2011, despite initial favourable indications about completion of works, the receiver sought to cancel the bond with the surety without recourse to the Council.

In response to this the Council, prior to the expiration of the bond, placed an emergency claim in August 2011 and a substantiated costed claim in October 2011.  In light of the lack of response from the surety the Council has notified the surety that unless it either pays the Council the sum required in the claim of October 2011 or appoints a contractor by the end of March, that the Council will refer the matter to our Law Agent for legal proceedings against the surety.  In the event that court action materialises it should be noted that this is an unprecedented step for this Council and there is also little case law in the area so the chances of success uncertain.

Simultaneously to the bond claim the Council is pursuing enforcement of the relevant planning condition on the main defect issue in the estate, drainage, against both the developer and the receiver. Both parties failed to respond to an enforcement notice by the deadline of January 27th 2012 and the Council has notified both parties that it will now proceed to court action in this matter.