Lucan Area Committee
	Meeting of the Lucan Area Committee - 23/10/12
	Item No.  H-I (18) - Taking in Charge Listing - Roads and Services
No. of Houses	Estate	Location	Developer
	Works Outstanding
D	ESTATES WHERE TAKING IN CHARGE WORKS ARE STILL OUTSTANDING
	235	Larkfield	Lucan	Fitzgibbon Bros
	Following discussions with the bondholder, 
	the developer returned to site and completed 
	minor works and submitted CCTV surveys. 
	The Council has reviewed the CCTV and the 
	underground services have been approved for 
	all but one line of the drainage network. 
	The developer is carrying out a CCTV survey 
	on the line of drainage remaining  to establish 
	condition of same before determining next step 
	in the taking in charge process.
	110	Mount Bellew	Lucan	Fitzgibbon Bros
	Owing to the failure of Fitzgibbon Bros to 
	complete works, a claim was placed
	on their bond in 2011. Following 
	discussions with the bondholder and the
	Council, the developer returned to the site 
	and completed the remaining surface
	works. The Parks Department have 
	confirmed that all lansdcaping works are
	complete.
	As of October 2012 the developer has 
	undertaken to complete repairs to one
	sewer in the development and submit accurate 
	CCTV which when completed
	will enable taking in charge to progress.
	27	Moy Glas (Phase 2)	Lucan	Courtland/Lyncourt
	27 units involved. The majority of this estate 
	is taken in charge. Remainder of roads would 
	be ready to be recommended for taking in 
	charge, if completion of some works 
	repairs to watermains and hedging was 
	achieved. To progress taking in charge the 
	developer has been requested to submit CCTV
	for a small stretch of road not yet taken in 
	charge. Bond remains in place.

No. of Houses	Estate	Location	Developer
	Works Outstanding
	252	The Paddocks	Lucan	Mapelwood 
	Homes Ltd
	A receiver controls a number of assets of 
	Maplewood, but given the level of occupancy 
	in the Paddocks and other factors, he was asked
	to prioritise a taking in charge package for this
	development. 
	In July and August, the developer 
	(Maplewood), who was retained by the 
	receivers, Grant Thornton, met the Council. It 
	was agreed that following completion of taking
	 in charge works in the Glebe estate in 
	Newcastle at the end of September, that the 
	developer would then direct efforts at bringing 
	the Paddocks to taking in charge standard. The
	 areas identified as the focus for taking in 
	charge are in Phase 1(Paddocks 
	Grove,Walk,Drive,Square,Way,
	Place, Crescent and Road). There will also be 
	legal matters relating to wayleaves for some 
	areas that will remain under Mgmt Comp 
	control particularly at Paddocks Place and 
	Square. It was anticipated that the taking in 
	charge package would be submitted in 
	October/November 2012.
	However after these meetings a liquidator was 
	appointed to the developers company and the 
	Council are since late Sept working with him 
	to identify all required works to services which
	 the liquidator will carry out. Taking in charge
	 works are now intended for Phases 1 and 2. 
	Given the legal complexity of the situation the 
	liquidator will also be seeking consent from 
	the receiver to conduct the works and is 
	preparing a site resolution plan to bring the 
	development to taking in charge standard. The 
	Council is retaining security until the works 
	are completed.
F1	ESTATES SUBJECT TO LEGAL DIFFICULTIES:
	4	Cnoc Aoibheann	Lucan	Weston 
	Properties Ltd.
	The remaining issue with the taking in charge 
	of this development are some legal queries in 
	connection with the land folios resulting from 
	the dissolution of the developers company. 
	Legal advice was received in this matter and 
	the Council have provided drawings and 
	technical documents in order for the Chief State
	Solicitors office to give their consent to 
	proceed with taking in charge.

No. of Houses	Estate	Location	Developer
	Works Outstanding
	3	Copse	Lucan	Weston 
	Properties Ltd
	The remaining issue with the taking in charge 
	of this development are some legal queries in 
	connection with the land folios resulting from 
	the dissolution of the developers company. 
	Legal advice was received in this matter and 
	the Council have provided drawings and 
	technical documents in order for the Chief State
	 Solicitors office to give their consent to 
	proceed with taking in charge.
f2	ESTATES SUBJECT TO ENFORCEMENT ACTION:
	108	Rossberry	Lucan	Kingscroft Ltd 
	& Hollioake Ltd
	Two developers built Rossberry, Kingscroft 
	and Hollioake. 
	The Council has claimed security lodged for 
	completion of remedial works to part of 	the
	development carried out by Hollioake and is 
	retaining the balance of security pending the 
	receipt of Deeds of Transfer for the open space. 
	
	However the estate as a whole cannot be taken 
	in charge as the Council requires unfettered 
	access to services and in the part developed by 
	Kingscroft, there remain significant issues 
	with residents having built walls etc blocking 
	access to various public services; manholes, 
	hydrants and public lighting. The Council has 
	served enforcement notices relating to the 
	unauthorised developments and the majority of
	residents (one remaining) have agreed to set 
	back the unauthorised walls to allow access to 
	services. A collectively agreed timescale for 
	these works is being negotiated.
G	ESTATES UNDER CONSTRUCTION:
         61	Hansted Grove	Lucan	Tierra Ltd
	Development under construction, adjacent to 
	existing Hansted development and Adamstown
	Link Road. 61 units permitted, 17 2bed and 
	44 3bed. 
	13 units commenced to date.
	50	Tullyhall (Phase 3)	Lucan	Eleveden 
	Properties Ltd
	Permission is for 50 units. Less than 15 
	units built and some occupied. Works have 
	ceased on this 	site at present however the 
	remaining site is secured. An extension of 
	duration for the permission has been granted. 
	Issues with drainage have been repaired and 
	issues with public lighting have been referred 
	to the Councils Public Lighting section 	
	for resolution.

No. of Houses	Estate	Location	Developer
	Works Outstanding
J	ESTATES WHERE BOND IS BEING CLAIMED
	224	Hansted	Lucan	McInerney 
	Construction
	Following the Council claim on the bond in 
	Oct 2011 and after lengthy interactions, the 
	bondholder advised in writing (March 2012) of
	 their intention to honour the bond and hired 
	agents to liaise with the Council on agreeing 
	the value of works subject of the claim. The 
	terms of the bond allows the bondholder to 
	either pay the Council or complete works 
	using their contractor.
	4 Council Departments have been engaged 
	with the bondholders consultants in identifying
	 the taking in charge works needed and 
	agreement on the works has been made with all
	 Depts except Parks Dept. Its anticipated that 
	these works will be agreed this month and the 
	bondholders contractor will be conducting 
	works in November. The receiver for 
	McInerney has consented to the contractor for 
	the bondholder carrying out the taking in 
	charge works in the development. 
	Paralell to the works are a number of legal 
	issues being pursued to ensure taking in charge
	 may progress after works are done, such as 
	obtaining wayleaves from the receiver for 
	public lighting columns that the Council must
	 have future access to but which are in private 
	areas owned by the receiver. Also matters 
	relating to re-instatement of open space and 
	boundary areas beside a construction access to 
	the site are being pursued with the receiver and
	Tierra who are developing an adjacent site.