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Dublin: 8 °C Thursday 20 June, 2013

City council to appeal Priory Hall court order

Dublin City Council is to appeal an order forcing it to pay for alternative accommodation for the residents of the Priory Hall complex.

Dublin City Council is to appeal a court order making it responsible for covering the cost of rehousing the residents of the Priory Hall complex in Donaghmede (pictured).
Dublin City Council is to appeal a court order making it responsible for covering the cost of rehousing the residents of the Priory Hall complex in Donaghmede (pictured).
Image: Sasko Lazarov/Photocall Ireland

Updated, 12.22

DUBLIN CITY COUNCIL is to appeal a High Court order forcing it to cover the cost of accommodating the former residents at the Priory Hall apartment complex in donaghmede.

The High Court had last month ordered the evacuation of the complex, in Donaghmede in north Dublin, on health and safety grounds – after the council said a fire in one apartment could engulf the entire complex within minutes.

The court had directed that the council meet the costs of rehousing the residents – but the council has now indicated that it will seek leave to appeal this order.

The council is to claim that the President of the High Court, Justice Nicholas Kearns, did not have jurisdiction to order that the council be responsible for the costs under the terms of the Fire Services Act.

The council also says that Justice Kearns had “erred” in ordering it to assume the responsibility for accommodating the residents.

The application for leave to appeal will be heard this afternoon, but a decision is not likely to be issued immediately.

David Hall of the advocacy group New Beginning said the development was “very unwelcome”, saying it “puts additional pressure on the Priory Hall residents”.

Neither the council and the property’s original developer Tom McFeely say they do not have the finances to carry out fireproofing work on the complex.

On Monday councillors passed an emergency motion calling on the government to provide emergency funds to cover the cost of accommodating the 240-or-so residents who have been forced to leave their homes.

The residents were evacuated from Priory Hall three weeks ago, with the majority being housed in accommodation provided by the National Asset Management Agency and from voluntary housing organisations.

Last week the court ordered McFeely to cease work and remove all employees from the site, finding him to be in breach of a previous order.

The City Council had told the court that no substantive progress had been made in trying to remedy the fire safety problems.

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Comments (15 Comments)

  • They have some cheek. Really it is just typical of D.C.C. to do something like this. A word to the wise D.C.C. if you had properly inspected them, rather than just signing off on them without even SEEING them!!! then you wouldn’t be in this mess in the first place. Do the decent thing and pay for your mistakes.

    Reply
  • Completely agree with you Leslie. These civil “servants” in d county councils really don’t care for repercussions of their actions as it simply doesn’t affect them!
    We’re in a similar boat. We’re bringing Wicklow County Council to court over health & safety issues with our 3 year old house. Amongst other things, there’s barely any insulation in any of the walls, & they put an oil burner under an air vent from our severely disabled son’s room. Neighbours had pools of water in their ceiling, etc.
    Again, the council engineer signed off without ever looking at the houses.
    Typical assholes. We’ve enough problems without having to deal with this shit.

    Reply
    • Fair play Jeff!! We need more people like yourself, willing to take on these people. the law regarding “inspections” in this country is a joke!
      To the best of my knowledge the engineers only have to inspect a sample of the properties in an estate, and the developer is allowed pick which ones!!
      Explains a lot.
      Why are the residence of priory hall not taking Tom McFeely to court? people need to get more pro-active in the defence of their rights. When will people get sick of being walked all over by politicians and builders in this country?

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  • For **** sake! Show a bit of compassion. There’s people effectively homeless due to a rogue property developer. Surely the local authority must bear some blame for the situation. Were there no building inspections during the construction of those shoddy apartments? The plans must have been passed by the LA, if appropriate fireproofing was included in the plans in accordance with building regulations it is the responsibility of inspectors, contractors and developers to see that is complied with. How can the council not share some blame?
    Not to exonerate the venal, greedy developer in any way. But get these buildings rectified ASAP, let the folks return to their homes, now hopefully safe. And then you can argue the toss with the incompetents and/or criminals to pick up the tab.

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  • Well said Leslie. It was there responsibility but as with all things connected to the government – there reckon there is no accountability required. I hope Justice Kearns does not allow them to abdicate their responsibilities to these people who are in a terribly vulnerable position!

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  • The Ciry manager must resign as he signed a cheque for over 5 million for more than 20 of the apartments and handed the cheque to the developer Tom Mc Feeley. At this time the developer was under investigation for not complying with regulations on another site yet the city manager gives him a cheque. Will he be jailed for any number of crimes – never. He got bonuses like the rest plus whatever else.

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  • Your post worked Jeff. Its indicitative of how these people and organisations seem to treat people. They think they are above all else and that includes the law. Shame on them and shame on Wicklow C.C.

    Reply
  • DCC had a responsibility to carry out inspections on these apartments. Coalport has a history of unfinished, shoddy workmanship, surely knowing that, they should’ve been inspecting on a monthly if not weekly basis. Also an bord pleanala should never have given planning permission to a builder who very obviously cuts corners any chance he got! Priory hall is not what was advertised.
    The recent developments are totally inhumane.
    Priory hall should be torn down and residents rehoused!
    If it was you in this predicament I’m sure you’d agree!!

    Reply
    • Other than the developer paying and that’s not going to happen, it will cost the Taxpayer no matter what route the legal parasites take us on.

      Reply
    • An inspection is just that – an inspection. Engineers and planning officials can’t live on site 24 hours a day. The developer gives an undertaking to substantially build in accordance with the planning permission, and the engineers or architects retained by the developer bear the responsibility of ensuring that the planning permission is complied with. Without trust, the whole system could not function. Once a cavity is sealed, an inspector is not likely to insist on it being hacked down. Moreover, buyers and/or lenders often employ their own surveyors prior to finance being drawn down. I am more than a little wary of making ratepayers and taxpayers foot the bill every time there is a clamour.

      Reply
    • “An inspection is just that – an inspection. Engineers and planning officials can’t live on site 24 hours a day. ”

      I’m sorry Adam I disagree, it’s not rocket science, there are specific stages at which and engineer can inspect the work being done before it’s “covered up” with the next step.
      They don’t have to live on site 24 hours a day, but the current “system” is a joke, engineers don’t do any work, builders don’t do the job they’re supposed to, the council doesn’t care.
      Everything is broken.

      Reply
  • There should be independent inspections of all building works at specific steps in the process. the council has a responsibility to ensure properties built in it’s area comply with building regulations, that shouldn’t just mean signing off on a drawing and trusting the builders to do their thing. It should mean full inspection of ALL properties being built as they are being build.
    Building surveys are another crock of crap, when you get a survey done on a property you’re looking to buy, if the surveyor misses something fundamental that they should have spotted they only have to refund you the fee. In Sweden if the surveyor misses something like that they are liable for the cost of repair work. The whole system in Ireland is broken. It needs to be scrapped and completely reworked. Again, we should look at what Iceland is doing in this regard.

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  • Why is everyone so intent that the council (i.e. the taxpayer) should cover these costs? Surely DCC is simply trying to prevent a precedent for taxpayers to have to pay large costs when situations like these arise? The contractor bears by far the most responsibility (which should be, by rights, criminal responsibilty) for failing to implement the terms of the fire cert issued to him by the council. It was a council inspection which brought the extent of the negligence to light. At most the council should pay as a temporary measure, while any assets/ insurances etc held by the contractor are sourced by the courts.

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  • Can’t say much about all of this as it’s been trashed out in the ‘Four Gold Mines’ and you’d need a brief looking over your shoulder before you could utter a word! But I know where I will be telling them to stick their bin charges, water rates, commercial rates. And the fire is blazing away nicely with a fistful of parking tickets tucked at the back.

    Reply

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