SUGGESTION :
Taking account of the list of outstanding works (refer to Benny’s posting dated 30/09/09) and the fact that the developer has gone into receivership (see Wannagaf’s posting dated 06/10/09) anyone who has bought, or is in the process of buying a property in Parson’s Court might consider it prudent to get their respective solicitors to brief them on the following matters :-
(1) The role/responsibility of the receiver in having the outstanding works completed.
(2) More importantly, in the event that the receiver does not have the works duly completed, the role/responsibility of South Dublin County Council in having the works so completed.
In this latter regard your solicitor will undoubtedly (??!!) draw your attention to Conditions No.1, 18 and 24 of Planning Permission Reference SD04A/0953 which read as follows –
Condition No.1
“The development shall be carried out in its entirety in accordance with the plans, particulars and specifications lodged with the application, and as amended by Further Information received on 05/08/05, save as may be required by the other conditions attached hereto.”
(Note : The plans lodged with the application include bin storage and bicycle parking facilities ; see also Condition No.18 below)
Condition No.18
“Prior to the commencement of the development, details of bin and cycle storage facilities shall be submitted for the written agreement of the Planning Authority. Bin storage facilities shall be constructed of permanent materials, adequately serviced with a water supply, drainage and ventilation.”
Condition No.24
“Before the development is commenced, the Developer shall lodge with South Dublin County Council a cash deposit of €285,660, a bond of an Insurance Company of €457,110, or other security to secure the provision and satisfactory completion and maintenance to taking-in-charge standard of roads, footpaths, sewers, watermains, drains, public lighting and other services required in connection with the development.”
He (your solicitor) may or may not be in a position to inform you that the failure of the Developers to comply with Conditions 1 and 18 regarding bin storage and bicycle parking facilities has resulted in an Enforcement Order being served on them by South Dublin County Council, at the instigation of a party who was at one stage in the process of buying a property within this development, but who withdrew in light of the Developers’ refusal to comply with the Enforcement Order (along with numerous other reasons).
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