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Developer prosecuted over unfinished housing estate
(19/12/2009)
North Tipperary Co Council has prosecuted a development company for failing to comply with the conditions of its planning permission in Roscrea.
Coalport Building Co Ltd, 1 Holles St, Dublin 2 was charged with failing to comply with an enforcement notice served by the council on August 27 2008 in respect of a new estate at Ashbury, Roscrea.
Last week Roscrea District Court heard that the council had made several attempts to draw down a development bond in respect of unfinished works in the estate. Works included the laying of tarmacadam, footpaths, sewerage and landscaping works.
Council solicitor Elizabeth McKeever said Coalport had not complied with Condition 21 of the planning permission it had received for the development in 2005. She said the permission was set to expire in January 2010 and that there was no bond in place, despite ongoing negotiations with and assurances from the developer.
Ms McKeever told the court that an enforcement order had been served on the developer. She said the council was seeking a bond of €40,000 to tackle the outstanding works.
A witness for the council told the court that Coalport had received planning permission for 12 two-storey houses at Ashbury, all of which were fully finished with about 75 per cent occupancy.
She said the council had issued several warning letters in respect of the outstanding bond and that the developer had given assurances that the issues in question would be addressed by deadlines, which the company then failed to meet.
Ms McKeever said the council met with the developer in April 2009 after securing a date to hear the matter in court. A bond of smaller value was agreed, though the developer hoped to complete the outstanding works by the end of June without need for a bond.
The council received correspondence from the developer in May and again in September indicating that outstanding works would be carried out, though there was still no bond in place.
Defending solicitor Brendan Hyland said the development company was pleading guilty to the charge against it. He told the court that tarmacadam works were currently taking place at the Ashbury estate. There were two other outstanding matters, including landscaping, of which he said the developer had submitted a programme to the council. Mr Hyland said the council had also required his clients to carry out technical viewing of sewers in the estate, which involved the use of CCTV camera surveillance and was a procedural issue.
Judge Mary Martin said the bond was the main issue. The charge against the company could result in fines and even imprisonment, she said.
Mr Hyland maintained that the bond would be put in place. He said his clients were working with the council on the matter.
Judge Martin said she would give Coalport three weeks to resolve the situation. She put the matter into the December 30 sitting of Nenagh District Court and ordered the developer to in the meantime lodge a cash bond or bond of insurance company in the sum of €40,000. The company would be held in breach of a court order if the bond were not in place by December 30, she ruled.
Mr Hyland said his clients were “fully aware of the consequences” of such a breach and expected that the matter would be resolved in the next two weeks.
Ms McKeever said the company could also face a maximum fine of €1,900. She told Judge Martin that Coalport had previously been convicted of failing to enter into a Part V (social and affordable housing) agreement with the council.
Judge Martin imposed a €1,000 fine on Coalport Building Co Ltd. She also awarded the council costs and expenses totalling €5,419.90. |
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