Estate maintenance -we have to do it ourselves?

[serotoninsid]

How is this enforceable?

This is my query too. Different CoCo in my case but they sent on a copy of the letter sent to the developer. They suggest that if they inspect the estate and find that developer is in breach of the planning conditions, then they will follow up with an enforcement notice. Again the letter states that non-compliance could lead to fines of €12k/imprisonment.

However, I'm just wondering if there are extenuating circumstances that the developer can use to renege on its responsibilities??
ie. if they put the ltd co. that was setup for the development into liquidation, etc? Is a bond usually involved in all of these cases? ie. what i mean is must a developer normally leave a capital sum with the CoCo in case of scenarios like this arising?

 

[Fiskar]

Hi all

In same situation in Co. Cork (I started another thread by mistake ( http://www.askaboutmoney.com/showthread.php?t=138847 ) as I missed this one when searching).

I've just looked over the original planning permission for the development.

*Condition 10 - The developer shall be responsible for the maintenance of all roads, footpaths, open spaces, and other services until taken in charge by the council at its discretion.

How is this enforceable?

Usually you write to the developer (copy the enforcement section and contact in the council and one or two councillors) requesting he maintain the open spaces. Call the council, speak with the enforcement officer and indicate that the a request has been made to the developer with regard to maintaince in compliance with condition 10 of the "grant of permission". Once they know this they usually contact the developer by phone to find out what the delay is.

 

[serotoninsid]

We have let this slide for the past 6 months as we had already made arrangements to get the grass-cutting done ourselves anyways. In the meantime, the developer said he would no longer be covering the lighting bill (although someone must be paying it - as they were not switched off through the Winter).
We are going to a councillor for more info.

However, I just wondered if it is the norm for Planning Dept.'s to take a bond from the developer - and if so, would this be likely to be a substantial amount? We assume that (like so many others - the actual company that was setup as the developer - is in the red - so I'd imagine the enforcement process would probably achieve nothing?). Hence the query re. whether the keeping of a bond is normal practice?

 

[Guns N Roses]

Serotoninsid,

If or when the County Council takes in charge your estate they will never be responsible for cutting your grass. Most housing estates form Residents Committee's who collect money from residents to pay to have the grass cut.

In relation to your public lighting, most County Council's will take in charge the Public Lighting in advance of the rest of the services assuming the lighting is complete and in good order (ie. they will maintain the poles, lamps & pay the electricity supply bill). As you have stated that your estate does not have a management company, your developer cannot get you to pay for your public lighting. People who pay for their own public lighting generally have a management company or live in a private estate.

Whether a bond has been taken from the developer should be in the Planning file which is viewable by members of the Public in your local County Council Planning Office.

You said in a previous post that the Planning Enforcement Officer sent a letter to the developer stating that they were in breach of the Planning Permission. This sounds like that there is an issue with the estate that the Local Authority is not happy with. They will not take in charge your estate until this problem and any other problem is addressed. This could be something like damaged footpaths, the developer has not supplied a CCTV survey of the sewerage system or the road surface has not been completed.

 

[serotoninsid]

Whether a bond has been taken from the developer should be in the Planning file which is viewable by members of the Public in your local County Council Planning Office.

Ok...thanks. I will check this out.

You said in a previous post that the Planning Enforcement Officer sent a letter to the developer stating that they were in breach of the Planning Permission.

This was on the basis of the information I had passed along to them. ie. the developer had informed us he was no longer prepared to maintain openspaces (eg. grasscutting).
Here's the thing. I guess the developer is not in a position to make the estate ready to be taken in charge (as like the rest of them, they're deep in the red).
What does this mean in relation to his responsibilities in the event that he isn't putting the estate forward to be taken in charge?
We seem to be caught in between stools....

 

[Guns N Roses]

Try to use Google to find your Local Authorties "Taking in Charge of Housing Developments Policy".

If you can't find it, try contacting them directly.

It will contain all you need to know about the process.

 

[serotoninsid]

It's taken two years - but council have now seized the bond (€90k) and their estimate for completion is 180K. Can't understand how they are coming up with that figure. Can we insist on a breakdown of that estimate? Is there any possibility that residents can take direct control over such works? Needless to say, we feel we can get better value than the council!

 

[Guns N Roses]

It's taken two years - but council have now seized the bond (€90k) and their estimate for completion is 180K. Can't understand how they are coming up with that figure.

Sounds like there is a lot more wrong with the estate than meets the eye.

Considering the amount of the estimated cost of completion, I would hazzard a guess there is either a problem with the sewer network or the water network. It have been my experience that it usually costs a lot more to rectify a construction problem than it would have done to do it right in the first place.

Is there any possibility that residents can take direct control over such works? Needless to say, we feel we can get better value than the council!

Why would you want to take direct control?

 

[serotoninsid]

Sounds like there is a lot more wrong with the estate than meets the eye.

Well, we simply don't know! We have been drip fed information - and begrudgingly so - over the past 2 years. We are currently waiting on clarification on specifically what is covered by their bill of €180K.

Why would you want to take direct control?

Call me a cynic - but I don't trust a public authority in Ireland to deliver value for money. Direct control would be more of a headache - but I could see how so much could be achieved with the 80K bond.

 

[lantus]

The local coco's are small countrys run by their nown leaders.

Our estate is also in the throws of being taken in charge! Our bond should of been cash (over half a million!) but the council at some point accepted a now worthless paper bond and there dont appear to be any consequences. i.e. they get away with it.

The list of works to be done we have been pushing for with the help of local councillors. In reponse the council have marked all documentation as highly confidential and have advised us that not even a freedom of information act request will get it to the light of day.

Its a local cartel, not a local government.

The council will be making all kinds of deals with the builder behind closed doors. Its how they do business. They will manipulate the engineers reports to reduce costs and even IF as in our case there is no money they can just take it in charge and do NO work whatsoever and legally they are in the clear. It can as far as I can see never be their fault.

Keep pushing though and dont let go. We can't let them get away with it.

 

[Guns N Roses]

The list of works to be done we have been pushing for with the help of local councillors. In reponse the council have marked all documentation as highly confidential and have advised us that not even a freedom of information act request will get it to the light of day.

If they are not releasing information under FOI, then it is either commercially sensitive or they are legal issues preventing them from doing so.

The council will be making all kinds of deals with the builder behind closed doors. Its how they do business. They will manipulate the engineers reports to reduce costs and even IF as in our case there is no money they can just take it in charge and do NO work whatsoever and legally they are in the clear. It can as far as I can see never be their fault.

They will not take an estate in charge unless it has been finished properly. Once they do so, they are obilged to maintain the services in the estate. Considering that most developers are broke, LA's will reluctantly have to come to some arrangement to recover as much money as possible to finish estates. Otherwise it will come out of their own budget which is funded by tax payers.

Keep pushing though and dont let go. We can't let them get away with it.

I assume you are refering to builders & developers. Your Local Authority didn't create this mess. They unfortunately have to clean it up.