I ask Mr Joseph Gilhooly Director of Services to provide an update on the status of Oak Meadow Housing Estate in Drumsna, have the Council taken this estate in charge or has there been an application lodged to take the estate in Charge ?
Minutes:
"I ask Mr Joseph Gilhooly Director of Services to provide an update on the status of Oak Meadow Housing Estate in Drumsna, have the Council taken this estate in charge or has there been an application lodged to take the estate in Charge?"
Report by Director of Services for Economic Development,
Planning, Environment and Transportation.
"The Council does not have a request to take this estate in charge. As has previously been advised to the Members at the Meeting of 3 December 2018, whilst the Council remains amenable to taking this estate in charge, this is dependent on the street lights being made operational by the Developer or, as an alternative, by the Developer lodging sufficient monies with the Council to cover the costs that would be incurred by the Council in having them connected up. To date the issue of connecting the street lights has not been resolved. Also, as previously advised the Council did issue the Developer with an enforcement notice seeking to compel the commissioning of the lights. The Developer has not complied with the requirements of the enforcement notice issued. Notwithstanding our wish to take charge of this estate should the outstanding issues be resolved, it should be noted that the Council does not have to give consideration to taking in charge any estate where enforcement proceedings have commenced. The Council will not consider this estate for taking in charge until such time as the issue of the street lighting is resolved."
Mr Donnelly reiterated that there has been no form request for Taking in Charge but that there was an informal agreement with the bank at the time to finish out the houses and roads. An Enforcement Notice was issued to developer.
Councillor McGowan enquired as to the name of the developer?
Mr Donnelly responded that they were a limited company named Rivendell Ltd.
Councillor McGowan enquired as to the cost for finishing out the works.
Mr Donnelly said that an estimate had been provided a number of years ago and at that time the cost would have been €7,500 excluding VAT. An estimate would have to be redone. There is damage to one of the lights. He estimated that it could be in the region of over €10,000 now excluding VAT.
Councillor McGowan said that this situation was not fair on the residents. He enquired if there were any resolution funds available. He recalled some type of fund a number of years back, administered by the Department to facilitate the finishing out of a number of estates. The lighting fixtures are already in place, it is only a matter of getting power to them.
Mr Donnelly responded that there was some funding provided by the Department a number of years back, there is no further source of funding available. The only option would be for the council to fund it themselves.
Councillor McGowan enquired if the council had such money available to them. Mr Donnelly said no.
Councillor McGowan proposed contacting the department to seeking funding for this estate.
Mr Donnelly said that the council could get an estimate for the cost of getting works done. We could write to the department and seek if there is any source of funding they could offer us.
Councillor Farrell seconded the motion. He said he also had received a number of representations in relation to this and would like to see a speedy outcome.
Councillor Guckian also supported the motion.
Mr Donnelly said that this is a civil issue between the developer and residents. The only issue at the moment for the council to consider is whether to take estate in charge versus the costs of outstanding works.