The Derelict Sites Act should get more use, particularly in relation to properties owned by local authorities. That was the view of Judge David Anderson at the recent sitting of Mullingar District Court, when he imposed a €1,000 fine on the National Housebuilding Guarantee Company Ltd who failed to comply with a derelict sites notice.
The notice was issued by Westmeath County Council on September 17 2009 and indicated that a property at 75 Abbeylands, owned by the company, detracted in a material degree from the amenity and character of the area.
This was because the structure was in a derelict and unsightly, neglected condition. The company, based at Construction House, Canal Road in Dublin operates the homebond scheme.
The notice indicated that grass hadn’t been cut or gutters cleaned.
There had been a failure to remove rubbish and a garden shed or to repair wiring pulled out of junction boxes at the rear of the building. An AJ cover at the side of the house had not been replaced, nor had a water meter lid.
There was no appearance for the company at the hearing.
Solicitor Michael Joyce said there had been several complaints from residents and a letter from the residents association which prompted council involvement. They carried out a number of inspections and requested that measures be carried out.
Patrick Tighe, CEO of the environment section at the council said the company committed to complete the works and had sent a letter indicating that work had been done.
However he inspected the site on the morning of the court hearing and said two issues had not been complied with and the house had deteriorated further.
In November of last year the National Housebuilding Guarantee Company Ltd indicated that they intended to lodge a planning application by December 2 but no application has been received.
The court heard that “it is in a worse condition now than it was six or eight months ago” and that there has been a fire at the premises.
“There was a time when the Derelict Sites Act was close to my heart,” said Judge David Anderson as he imposed a €1,000 fine on the company.
However, he added that was before the act had been “destroyed by the fact that it was almost forgotten”.
“It’s a pity the Derelict Sites Act doesn’t get more use,” he concluded. “Particularly in relation to some of the properties owned by local authorities.”
