COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF RATHFARNHAM/TEMPLEOGUE-TERENURE AREA COMMITTEE

Tuesday, March 10, 2015

QUESTION NO. 30

QUESTION: Councillor J. Lahart

"To ask the Chief Executive for an update on the following derelict sites - Newbrook House, Ballyboden and Ballyroan House Lodge?"

REPLY:

Newbrook House

Due to concerns about the status of the site as a protected structure, the Council’s Conservation Officer inspected the site and in consultation with the County Architect deemed that the outbuildings on the site adjacent to Newbrook House did not form part of the protected structure. Accordingly, a statutory Notice pursuant to Section 11 of the Derelict Sites Act 1990 was served on the owner on 22nd September 2014, requiring the demolition of the outbuildings, removal of debris and weeds, and the submission of a maintenance schedule for the site to South Dublin County Council.

It came to the attention of the Council in September 2014 that Newbrook House and the adjacent site had been placed on the market. No further action was taken in the interests of not frustrating any potential sale.

A letter was received on 9th February 2015 from a solicitor advising that the owner is deceased and that his widow intended giving effect to the terms of the Section 11 Notice. A follow up inspection was carried out on the site on 12th February 2015 by the Council’s Clerk of Works who noted that the terms of the Section 11 Notice had not been complied with. A reply has been issued to the solicitor concerned advising that the condition of the site is not satisfactory and requiring the removal of all waste and debris.

The Council will continue to monitor the site and any enforcement action deemed appropriate will be pursued.

Ballyroan House Lodge

A statutory Notice, pursuant to Section 8 (2) of the Derelict Sites Act 1990, giving notice of the Council's intention to enter the site onto the Derelict Sites Register and allowing a period of time for the making of representations, was issued to the registered owner in November 2013. The Council subsequently became aware of the owner’s current address and a Section 8 (2) Notice was served on the owner on 2nd January 2014.

The Council was contacted by a solicitor acting for the registered owner outlining the circumstances of the case and advising that sale of the site was imminent. In response, the Council outlined the minimum works required to abate the dereliction. These works were completed in March 2014.

However, a re-inspection by the Council indicated that the site had again fallen into dereliction. Further correspondence was issued to the owner’s solicitor outlining the works required to abate the dereliction. The owner contacted the Council in May 2014 advising that sale of the site was imminent and requesting that the Council refrain from entering the particulars of the site on the Derelict Sites Register to allow the closing of the sale. The Council agreed to refrain from taking enforcement action to allow time for the completion of the sale.

A further inspection carried out on 25th July 2014 found the site in an overgrown condition. By letter dated 5th August 2014, the owner was advised that he was required to have the overgrowth cut back by 22nd August 2014. The solicitor acting for the owner was contacted by telephone on 22nd August 2014 advising that the condition of the site could no longer be tolerated and outlining the minimum works required to abate the dereliction. The solicitor explained the difficulties with the case but agreed to contact the solicitor acting for the purchaser with a view to completing the sale. It was considered reasonable to allow a short period of time to facilitate the closure of the sale.

The site was re-inspected on 10th October 2014 and found to be in a state of neglect. A statutory Notice, pursuant to Section 8 (7) of the Derelict Sites Act 1990, was served on the registered owner on 4th November 2014, giving notice of the Council's intention to enter the particulars of the site onto the Derelict Sites Register. Accordingly, the particulars of the site were entered on the Derelict Sites Register.

The site has since been sold and planning permission was granted to the new owners on 18th February 2015 for the renovation of the lodge.

The Council will continue to monitor this site and will be advising the new owner of the terms of the Statutory Notice requiring the abatement of the dereliction.