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Dublin: 13 °C Sunday 19 May, 2013

Priory Hall: Legal action by DCC is of no benefit to ex-residents

While the DCC has spent over €300,000 on surveys and engineering in relation to Priory Hall, its ex-residents don’t have the same resources.

George Finglas protests at the one year anniversary of the Priory Hall evacuation.
George Finglas protests at the one year anniversary of the Priory Hall evacuation.
Image: Sam Boal/Photocall Ireland

THE SUING OF developer Tom McFeely by Dublin City Council (DCC) will have “no bearing on residents,” according to Priory Hall spokesperson Graham Usher.

The council is seeking damages for the apartments that had been leased by them, having been granted permission to pursue the developer at the High Court earlier this week.

Although still part of a resolution process, the ex-residents remain no closer to a final resolution.

Speaking of the resources that the DCC have, and which the residents he represents don’t, Usher told TheJournal.ie:

They have the resources to carry out the necessary investigation to do this. We’ve never gotten access to any of the surveys that they’ve carried out. We requested, quite vocally inside and outside of court, the building control report from DCC. We still haven’t seen it.

The North Central Area Committee Agenda for September of this year showed that, as of 28 August, the DCC had spent €335,616 on “engineering/surveys” that were related to Priory Hall.

The residents involved in the resolution process were not aware of the DCC’s plans to take legal action either, with Usher saying that “it never came up as part of the resolution process.”

Usher’s response comes a day after Labour Party TD Seán Kenny said that An Garda Síochána should consider a criminal investigation in to what happened in Priory Hall. Kenny said:

It is my view that 256 lives were endangered at Priory Hall by building what can be shown to be a death trap and I also believe that the negligence involved in doing so requires a criminal investigation. The residents of Priory Hall are tired of waiting for answers and of waiting for others to do something for them.
While I know that the courts have cleared Dublin City Council to bring proceedings against him, the fact is that the present court cases in which Tom McFeely is involved with will do nothing to alleviate or resolve the position that the residents of Priory Hall find themselves in. It is their situation that concerns me the most.

“Obviously our view is that there should be a criminal action against Tom McFeely,” Usher said. “Back in October of 2011, High Court President Nicholas Kearns ordered that a file was to be sent to the DPP. They [the DPP] should act on that.”

Speaking of the slow progress, Usher is hoping that something changes before the end of 2012. “The problem with this dragging on is the mortgages. The average mortgage is now €15,000 more than when we were evacuated.”

Read: Dublin City Council spends €638,000 on security for Priory Hall >

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Comments (22 Comments)

  • jail mcfeeley,he’s shafted all those people to make a fast buck,the people who ok’d it safe to move in should be named and shamed and sacked,criminal negligence,another miserable xmas for the residents because of these b@stards

    Reply
  • Our 2nd Xmas beckons in temporary homes! Still major uncertainty looms over our heads, stonewalled by everyone in a position to ease our misery with no end in sight. The banks expect us to pay for fresh air until we die! I have no doubt it will come to a conclusion, how satisfactory for us the residents remains to be seen. The fact DCC or whoever is financing our rent will ensure it has to end because they won’t do that indefinately. Simply transfer our outstanding debt onto where we currently live, simple as! As bad as other peoples housing issues with negative equity, pyrite, unsustainable mortgages are, we are the only people who have been evicted from our homes and still expected to pay through no fault of our own, so in that sense it is a unique case, everyone else has a home albeit worthless in many cases, but they can still live in it!

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  • This just protects the City manager. It all happened under his watch. It was a stardust ready to happen and the city manager and his planners never inspected the site. Even though there were serious concerns about Mc Feely as the council had him thrown off another site for breaching rules. It stinks of corruption and nobody points a finger at those responsible.
    This case is is just stonewalling for for council. They will retire and live with the bankers and politicians who are destroying the country.

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    • I agree Frank. The planning office and the personnel who are in place to ensure that properties are developed to the correct standard ought to be fired and lawsuits brought against their offices by the ex-residents. It was a total failure of duty.

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    • As I’ve said before, Dublin City Council are an embarrassment to this country. The crazy decisions made by them have cost the taxpayer incredible amounts of money. Using even more taxpayers money, trying to wriggle out of responsibility for Priory Hall speaks volumes about the mindset of these people. They should be disbanded immediately, and a full scale independent investigation into all decisions made by them, should be set up with the full powers of the courts behind it.

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    • Truth be known.
      Everything built in the boom is a Priory Hall.

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  • John 07/11/12 #

    The whole story of Priory Hall stinks. The way I see it, the blame should be shared. 1) that creep McFeely for building such a disgraceful death trap just for a quick buck 2) the council for allowing a building of such poor quality to go ahead 3) the banks for approving mortgages in worthless properties and 4) yes the residents should share a small amount of blame for purchasing such properties – its a risk every buyer must take. At the moment the residents are shouldering the full brunt and that is just plain wrong. Why are they being forced to pay their mortgages, the properties are worthless and have 0 resale value. The banks approved the mortgages – their risk, write them off. Why is mcfeely still at liberty to go to Portugal and chase journalists around the bar with broken glasses? The fact that very level of government has been totally impotent to do anything on this issue for a whole year speaks volumes

    Reply
    • John
      Over my lifetime I have bought eight houses at various times with three of those being new and two off plans. In each and every case the builder or seller only received monies after my engineer or architect had inspected the building and provided a certificate of completion and a statement that the structure complied with the Planning permission and all the relevant standards. If anything was amiss I wouldn’t have been paying. What did the purchasers of Priory Hall do in this regard?

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    • John 07/11/12 #

      Garry – that was my point, the purchaser has to take some responsibility for a small portion in these situations. Its part of the risk we must all take. Priory hall residents have more then payed their dues. What really unsettles me is that I feel the poor progress here is deliberate, if anything happens in favour of these residents it will open up the flood gates for all the other mortgage holders of negative equity worthless hell holes that sprung up across the country in the last decade to the benefit of a small number of developers

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    • Garry, I bought an apartment in Priory hall, off the plans, as did most of the owners. Initially it was our dream home, great location, amenities, and very spacious. We moved in to our new home and honestly, we felt our lives couldn’t be better, our foot on the ladder. Both myself and my partner have worked from a very young age, we have two children, we both still work full time, we struggled to get a mortgage for Priory hall, we saved and saved and got our mortgage. For nearly four years we never once missed our mortgage of 1583 euro a month. We are now still expected to pay that amount every month for an apartment we can’t live in.
      Garry, you say you’ve bought eight houses over your life time, imagine you where told your latest house is uninhabitable? And you’d invested four years into it.

      Reply
    • Garry, I bought an apartment in Priory hall, off the plans, as did most of the owners. Initially it was our dream home, great location, amenities, and very spacious. We moved in to our new home and honestly, we felt our lives couldn’t be better, our foot on the ladder. Both myself and my partner have worked from a very young age, we have two children, we both still work full time, we struggled to get a mortgage for Priory hall, we saved and saved and got our mortgage. For nearly four years we never once missed our mortgage of 1583 euro a month. We are now still expected to pay that amount every month for an apartment we can’t live in.
      Garry, you say you’ve bought eight houses over your life time, imagine you where told your latest house is uninhabitable? And you’d invested four years into it.

      Reply
  • MrKnow 07/11/12 #

    I hope they get some justice soon. And i do agree that enda isn’t to blame for this. All complexes built have to be signed off by a safety inspector that in turn needs to establish there safe. It is clear that the inspectors in question were paid off to relax on the checks.

    Reply
  • So their suing someone for something they had a role in? Countries getting worse.

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  • A bank will hand out money left right and centre to a developer whose building standards dont comply yet wont in many cases to someone employing people and trying to stay in business. I dont get that.

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  • phil 07/11/12 #

    Why is the protester in the picture holding a picture of Enda. The dispute is between the residents and the developer. Surely the state should have nothing to do with this.

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    • So if it turned out your home, which you payed for was an uninhabitable death trap you wouldn’t expect any help from the state, which granted the planning application for it

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    • Sean C 07/11/12 #

      As I understand it there was nothing wrong with the planning application, it simply wasn’t adhered to by the builder, and certificates of compliance issued on the work by a non government entity without the work being checked. I’m not against the government paying compensation I just can’t see in any of this where the Government was responsible for happened.

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    • Because Enda is poncing around the Globe telling anyone who’ll listen what a great place Ireland is. Tell that to the Priory Hall residents.

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    • @Phil,it has everything to do with the government., they made money out of prioryhall too aswell as everyone else.The government make money on all new properties.If it happened to you I don’t think you would be saying that.Prioryhall residents want justice, we didn’t build the apartments so why should we take any blame ? We just wanted a home to live instead we got a fire trap, The builder got away with it, do you think thats fair?

      Reply

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