COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF CLONDALKIN AREA COMMITTEE

Wednesday, April 17, 2013

MOTION NO. 16

MOTION: Councillor B. Bonner

That the Manager present a report on the situation in the Newcastle Lyons Estate and explain why the Council has not used it powers in relation to the bond which has been lodged with it in order to ensure that the estate is completed.  There are a number of serious health and safety issues which have been pointed out by the estate committee and these and the other issues relating to the completion of the estate could be addressed, if the council called in the bond.

REPORT:
This estate benefits from existing planning permissions which have not yet expired, accordingly the powers available to the Council are limited. However, the Council do have an open and ongoing dialogue in place with the Receiver for Maplewood Developments and this process is helpful. The fencing and site clearance works presently underway and road surfacing works proposed over the coming months should all contribute to progressing the existing part of the development for the benefit of the residents. Any other outstanding defects shall also be addressed through this dialogue.

The Council can only use funds from the security lodged to carry out works where the developer(now receiver) has defaulted upon the permission by failing to provide publicly accessible services to the Councils taking in charge standard and where the estate has been taken in charge. The Council cannot use the funds from the security to carry out works on private property. Until public services are taken in charge the Council cannot trespass to carry out works in areas that currently are under the private ownership of the receiver. Given that the permission is live the question of default by the receiver is also in doubt as he may still avail of the remaining period of the planning permisison to remedy alleged defaults.
However the Council will be retaining the security as, presently, services are not to taking in charge standard. This has been made clear to the receiver. He has also been encouraged and advised as to the technical requirements necessary to make a formal taking in charge request but none has yet been made.

The Council statutorily cannot force a receiver or developer to offer services for taking in charge. In the absence of a taking in charge request from the developer the Council may consider a taking in charge request from a majority of owners in the development but only after the planning permission expires.
As outlined previously to the committee, the fact that the permission is live therefore is a current impediment to statutory powers available to the Council and residents in a development where public services may not be completed.
The members may be aware of other developments in the county where the Council has claimed the security of the developer to bring services to taking in charge standard, however, in these cases the planning permissions had expired and the developer/receiver had offered services for taking in charge, both of these criteria have not been met in respect of Newcastle Lyons/Ballynakelly.