Ceisteanna—Questions. Oral Answers. - Foxrock (Dublin) Park.

Thursday, 28 March 1968

Dáil Eireann Debate
Vol. 233 No. 10

First Page Previous Page Page of 48 Next Page Last Page

9.

Mr. Andrews: Information on David Andrews  Zoom on David Andrews  asked the Minister for Local Government if he is aware that Lawnswood Park, Foxrock, Dublin was completed by the developer two years ago and has yet to be taken in charge by the local authority; and if he will give the reason for the undue delay in the taking in charge of this park.

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  I understand from Dublin County Council that a request from the developer to take this estate in charge was received by the council in July, 1967; that negotiations are proceeding, and that no undue delay in taking the estate in charge is foreseen by the county council, provided agreement is reached in regard to any work remaining to be done by the developer.

Mr. Dillon: Information on James Matthew Dillon  Zoom on James Matthew Dillon  Suppose the developer refuses to agree with the local authority as to what work remains to be done and that dispute is not resolved, what happens?

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  The council can deal with that matter. Normally, the developer would be required to submit sureties that he would, in fact, carry out the development in accordance with the requirements of the local authority and these can be enforced.

Mr. Dillon: Information on James Matthew Dillon  Zoom on James Matthew Dillon  I am not trying to ask the Minister a question to which possibly he may not have the answer at hand. What is the procedure? Does the local authority sue the developer or is there any court procedure by which they can get an order compelling him to do the work or indemnifying the local authority and giving them the right to go in and do the work and recover the cost from the developer as a civil debt?

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  Yes. They would normally be in a position to take any of those courses. If the developer refuses to do the work, they can do it and recover the cost from the developer.

Mr. Dillon: Information on James Matthew Dillon  Zoom on James Matthew Dillon  In the ultimate event [1442] of agreement failing to be reached, the local authority can go in and do the work and charge it up?

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  They can eventually do that, provided that is one of the conditions of the original approval.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  Is it a condition of the planning authority to provide a public road into these schemes? These are all private roads and the local authority will not take over and be responsible for the upkeep of a private road.

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  Unless the road meets their specifications. It is the local authority's function to ensure that it does.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  The local authority must first of all declare it a public road and that is not a condition for the developer when he comes in to develop an area.

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  It should be a condition that the roads are made to the required specification of the local authority. The local authority then insists that before a road is taken in charge, it is in fact brought up to that standard.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  There is a six months' retention on all of these developers. Is there a period of retention on the road, whether it be six months or three months, before the developer is responsible for its unkeep and maintenance?

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  The local authority can take the road in charge on request, provided it meets their specification.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  Will the Minister tell me is it on request from the tenants or from the builder?

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  If Deputy Coughlan wants information——

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  I want you to know your job.

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  ——he can put down a question.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  I have it, but you have not. That is the difference.

[1443]Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  On the request of the developer.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  Nonsense. If the tenants request the road to be taken in charge, the local authority cannot do it.

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  They can take it over at the request of the developer.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  What about the request of the tenants?

Mr. Boland: Information on Kevin Boland  Zoom on Kevin Boland  The tenants have nothing to do with it.

Mr. Coughlan: Information on Stephen Coughlan  Zoom on Stephen Coughlan  That is it.

(Interruptions.)

An Ceann Comhairle: Information on Cormac Breslin  Zoom on Cormac Breslin  Will Deputies please allow questions to continue?


Last Updated: 15/09/2010 09:45:54 First Page Previous Page Page of 48 Next Page Last Page