COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, April 23, 2013

QUESTION NO. 2

QUESTION: Councillor C. Jones

"To ask the Manager for an update on recent events in Foxford Court?"

REPLY:

Foxford Court consists of 52 housing units in three blocks.  It was developed as an Affordable Housing Scheme in an agreement between South Dublin County Council and Newlyn Developments combining a site in the Council’s ownership with a site acquired by Newlyn with an existing planning permission.

In relation to Building Control (i.e. the actual physical construction of a structure and the quality of the build) this is regulated through a self certification process, in which the Local Authority has no direct involvement.  This is carried out under the Building Control Acts 1990 and 2007. In relation to Fire Safety within developments, the Chief Fire Officer of Dublin City Council on behalf of South Dublin County Council oversees compliance with fire safety standards; i.e. certification that the building was constructed in compliance with the Fire Safety Certificates which were submitted and approved prior to construction as being in compliance with Part B of the Building Regulations.  To clarify, Fire Safety is dealt with under a separate code and legislation to that of Planning.

Eligible applicants purchased the properties by private sale having fulfilled the criteria for eligibility under the Affordable Housing Scheme.  Opinions of Compliance in relation to Planning and Building Control, were provided by the developers and their agents in title deeds accompanying the sale by South Dublin County Council of the dwellings at Foxford Court.  South Dublin County Council transferred the Freehold Title to Foxford Court Management Company Limited on 1^st June 2006 and accordingly the Management Company is now the registered owner.

In an initial response to fire-safety concerns raised by residents, South Dublin County Council advised that the Management Company contact the Developer in relation to the identification and remediation of defects and deal with the Chief Fire Officer to agree a strategy to address the issue.  The Chief Fire Officer was asked to advise on risk assessment and mitigation measures.  As the owner of three apartments, South Dublin County Council also committed to meeting with the Developer.

 Since then the following steps have been taken –

•  Surveys have taken place on an additional 5 dwellings in the scheme by Pro-Fire, Fire Safety Consultants employed by the Foxford Court Management Company.  This, with the initial survey of 2 dwellings carried out by OHSS and the survey of the 3 Council-owned dwellings by South Dublin County Council Architects Department, brings the total number of dwellings evaluated to 10 in all.
• A meeting has been held with Directors of the Management Company and the Management Agent, Falcondale Ltd (including South Dublin County Council as owner of 3 dwellings) and the Directors have agreed to update all tenants on issues discussed and agreed.
•  A meeting has been held between the Developer and the Council at which the Developer expressed himself open to evaluating the problem and seeking a solution in partnership with the owners.
• The site was visited and evaluated by a Fire Safety Officer from Dublin City Council Fire Brigade who confirmed he does not require evacuation of any dwellings subject to early advancement of the remedial works.
•  Overall it has been agreed between the parties involved that –
  1. A remedial strategy be identified by Pro-Fire for each of the apartment types in the scheme – i.e. apartment (Block C), ground floor apartment (Blocks A & B), 2-storey duplex (Blocks A & B)
  2. This strategy will be forwarded to the Fire Safety Section of Dublin City Council for earliest agreement. 
  3. Costs for the remediation work will be established.  These calculations will commence immediately and the likely cost be finalised within the next few weeks. Funding sources will be examined and hopefully agreed when this stage is completed. 
  4. Individual surveys of each dwelling will be carried out before the works are begun.  Each dwelling will require some level of remediation and the co-operation of owners and tenants will be required.  The works will be supervised and signed off by the fire Safety Consultant employed directly by, and acting solely on behalf of, the Management Company.