COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF LUCAN AREA COMMITTEE

Tuesday, June 25, 2013

MOTION NO. 12

MOTION: Councillor E. Tuffy

"That the Lucan Area Committee notes recent newspaper coverage alleging that The Paddocks, Adamstown  is an "unfinished estate", and requests the Manager to make a Report on the status of the development, and if he will make a statement on the matter."

REPORT:

The term 'unfinished' may attract certain meanings or related perceptions, therefore for a more informed view of the term one should refer to the DECLG website www.environ.ie  The categorisation applied by the Department of the Environment, Community & Local Government in its national survey of 2010-2011 in relation to 'unfinished' estates identified the following categories; 

Category 1: Developer present and active;
Category 2: Developments where a receiver had been appointed;
Category 3: Developer present but not active; and
Category 4: Abandoned developments (no developer present) with serious public safety issues.

A national survey of unfinished developments carried out in 2010-2011 assigned these categories to developments of two or more units that had commenced at the time. It was determined that none of the developments in South Dublin County Councils administrative area were in category 3 and 4, the category relating to developments that present very serious issues of dereliction and associated health and safety concerns.
The Paddocks was in category 2 of the survey, in that it was developed by Maplewood Developments, which is now in receivership and liquidation simultaneously. This is quite a rare legal phenomenon; however the Council has found the receiver to date to be responsive where urgent issues pertaining to public lighting in particular have presented.

The current practice employed by the Department for categorising these unfinished developments is as follows;
(a) Are the developments properly managed from a health and safety perspective and with a phased ongoing delivery of services commensurate with the completed dwellings or (b) Are they lacking some or all of that in (a) and hence, 'are in a seriously problematic state'.

The Paddocks is deemed to be currently in the a) category above.

As regards current engagement with the relevant parties, despite the legal complexities and the differing perspectives of the liquidator and receiver, the Council is in active dialogue with both parties and is pursuing a site resolution plan involving both the receiver and liquidator.  The Council cannot utilise the security lodged as the development is not taken in charge and the site is therefore private.  However, both the liquidator and the receiver have been notified of the security held and met the Council in May to discuss the terms of a draft site resolution plan.  The Council will not be releasing security until various works to bring services to taking in charge standard are completed and will be retaining some security related to the remaining parts of the permitted development to be constructed given that the planning permission for the remainder of phase 2 and of phase 3 is still active

In terms of recent progress the liquidator and receiver last week agreed in writing to the initial step of surveying and costing requirements in relation to all underground services on the site. Tenders are currently being sought for this phase of the site resolution plan. This is a first step in the overall requirement to itemise and cost all works, arrange tenders and contractors etc that both parties have committed to achieving before September 2013. 

If the current level of commitment and cooperation is sustained it is hoped that agreed works may commence in September 2013. The works are focussed on achieving full completion of public services in all parts of the development that are built, not just in Phase 1.