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Supreme Court to hear Priory Hall case in April

Image: Sasko Lazarov/Photocall Ireland

DUBLIN CITY COUNCIL will return to the Supreme Court on 24 April to try and overturn a High Court judgement ordering it to provide temporary accommodation to Priory Hall residents.

The full hearing will decide if the council should take on the financial responsibility of housing the residents until their apartments are inhabitable again.

The residents committee said that the affected homeowners now have just two months to try and find a solution and avoid insolvency.

They say that bankruptcy will be inevitable if they are “forced to pay a mortgage on a home they cannot live in” as well as a rental property to “keep a roof over their heads”.

The committee has called on Minister for the Environment Phil Hogan to meet with the residents and to help get all stakeholders together to find a solution. They also urged banks to freeze the Priory Hall mortgages with no impact on credit ratings.

Graham Usher, spokesman for the group, said residents “are not looking for a bailout, just the breathing space to work on a solution without being ruined financially”.

Dublin City Council has brought its appeal to the Supreme Court as it has been paying accommodation costs for Priory Hall residents for months and says it cannot afford to do so.

It has spent more than €700,000 on housing the 256 residents – mostly in hotels and NAMA properties – since they were evacuated on 17 October 2011.

The Donaghmede complex was condemned due to fire hazard concerns and the necessary repairs have not been carried out. Its developer Tom McFeely has since been declared bankrupt in England. With a repairs bill of €7.3 million which the council, developer and resident all say they cannot afford to pay, it is unclear when (if ever) the residents will be able to move back in.

The issue was raised in the Dáil earlier today as Sinn Féin deputy Mary Lou McDonald tried to put pressure on the Government to meet with residents.

In response, Eamon Gilmore said he cared more about the people rather than the politics of the events. He also caused controversy as he referred to McFeely as a Sinn Féin developer.

McFeely was sentenced to jail for three months and fined €1 million for failing to carry out remedial works as ordered by the courts. However, the judge in the case later granted a reprieve.

The residents’ committee noted that the council did not turn up to argue against McFeely’s request for a stay.

More: Priory Hall is ‘a symptom of mess government has inherited’ – Taoiseach>

ESB not cutting power to Priory Hall complex>

More on the Priory Hall controversy>

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Comments (19 Comments)

  • Keith Twamley 16/02/12 #
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    Yes Gilmore, you really care about the people alright, why have you not contacted them yet then?

    Reply
  • Catherine Bleahen 16/02/12 #
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    When you take out a mortgage on a property, don’t you have to get an Engineer’s report or something similar? Stating that the building complies to regulations (at the time of construction), is habitable, etc, etc?

    Banks as far as I was aware, would refuse you a mortgage without this report.

    So, if I got an Engineer or Architect or “suitably qualified’ profession to conduct the survey, and they passed it, why aren’t they also in the mix and being sued to cover the loss suffered? Surely that’s the point of having professional indemnity and having the survey for the mortgage?

    Reply
    • Sinead O'Carroll 16/02/12 #
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      Hi Catherine,

      The building industry is self-regulated in Ireland. That’s kind of where the problem starts. All the necessary reports were actually signed off.

      Dublin City Council is responsible for enforcing requirements under the Fire Safety Act, Building Controls Acts and the Planning and Development Acts. Which is why they acted when they realised there was an issue with the complex.

      This blog is pretty informative and unbiased about the situation: http://thehelpfulengineer.com/index.php/2011/10/priory-hall-end-self-certification/

      Hope that helps,
      Sinead

    • John Murphy 16/02/12 #
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      Indeed Sinead.
      As I have pointed out on this site many times solicitors acting for purchasers were known to advise clients to appoint an independent archetect/engineer to check over properties which were being sold under this ‘self certification’ process to independently advise clients as a precaution. I carried out numerous such surveys and it was not unusual for sales to be completed in the face of a damning report – go figure!

      Of course many times the lending institutions giving out the mortgages were also the lender to the developer.

      It is not unusual to hear criticism of architects, engineers and solicitors regarding the mess that’s coming to light regarding the standard of construction during the boom years, but I can assure you that many issues were stacked against them when they presumed to act in the best interest of those that employed them.

  • Bernadette Dunne 16/02/12 #
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    Kenny,Gilmore,and Hogan where are yea why are yea not down with the residents of Priory Hall ???????????? Yea are a pure useless but as yea get paid by us your in-action are a utter disgrace and unforgivable and is a show of pure contempt and disrespect towards them but then we know not to trust liars so we should expect nothing from yea

    Reply
  • joxer daly 16/02/12 #
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    Too little too late

    Reply
  • Marlon Major 16/02/12 #
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    Reeeeeally….! You’ve got to be kidding…. I really don’t understand…. Why is it that… In this country no one wants to take responsibility for failing or dropping the ball? As an American who has settled here in Ireland…. I have scratched my head to the point of baldness trying to figure out why the good citizens of this country allow themselves to be defecated on… The DCC screwed-up and should pay… In sane world, they should resolve the issue and then relinquish their position to someone with better skills and track record. The Supreme Court has already made their decision.

    Reply
  • john g mcgrath 16/02/12 #
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    If this were members of a minority group there would be blue murder and shouting from rooftops yet when it cones to our own we are slow to act.
    This is an outrages position to put and leave people in.
    Regardless of where the blame rests and it does lay with some authority pushing people into temporary accommodation having them paying mortgages with the possibility of having to pay rent is a disgrace.

    Reply
  • Leslie Alan Rock 16/02/12 #
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    If it wasn’t so serious it would be funny, the fact in the Dail today when the question was put to Gilmore by Mc Donald. Gilmore’s response was like a 2 year old after getting a scolding. It really was an immature, one up man ship answer. It is incredible that the Tainiste of our country can stand there without one word of solice. His child-like answer, rather than get the finger out and show some leadership and do what people elected him to do, WHICH IS HELP THE BLOODY PEOPLE OF YOUR COUNTRY!!! Labour will surely suffer the fate of the greens at the next election.

    Reply
    • john g mcgrath 16/02/12 #
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      Gilmore has sone cheek to throw out comments as himself Rabbitte and Frank Ross came out of The workers party which started as Sinn fein the workers party.
      Let him without sin cast the first stone.
      It’s a solution to the priory hall debacle that is needed not a schoolyard name calling episode.
      Get off your high horse Gilmore and behave like a statesman even if you are not

  • Ann Reddin 16/02/12 #
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    Why should anyone have to pay rent to NAMA (via DCC). They are all seized properties from so called bankrupt developers that are sitting empty and these families have EVERY right to live in them rent free till the situation is sorted. And I’m gonna make a promise now – if I win the euromillions before this mess is sorted I WILL pay the 7.3 million euro to fix the LIVES of these people.

    Reply
    • Niamh Byrne 16/02/12 #
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      I was actually wondering the same thing. Would these properties not be vacant otherwise? Is the state making money from.their misfortune. They are taxpayers. We a tax payers own these properties. Why are they being charged rent?

  • jimbo 16/02/12 #
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    700k wasted already,this should have been long dealt with at this stage,hogan,gilmore and kenny should be ashamed of themselves..

    Reply
  • Mark Barlow 16/02/12 #
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    wish our elected representatives would grow a set. what harm is there in meeting with the residents that are going to decide ur future in the next election… and if they do grow a set tell the unsecured bond holders that we’re looking after the interests of our people before the needs of gambelers…

    Reply
  • Liz Donegan 16/02/12 #
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    I own and lived in priory hall. I cannot describe how this has affected me. I cannot sleep I have panic attacks pretty much every day, I am covered in psoriasis and stressed beyond belief and I am one of the lucky ones.. I don’t have children and the stress of a sick child or trying to be strong for them… I have written to Kenny and Gilmore in fact all of the government members like all of my neighbours have pleading for them to step in and help us and we are just ignored with the excuse of the courts pending just coming back and that’s if we are lucky enough to get a response..no where to go after the 24th..it’s just a nightmare and the government won’t listen..

    Reply
  • Joseph Kane 16/02/12 #
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    All private mortgages written off – demolition crew brought in over the coming weeks – problem solved.
    Who pays – the re-capitalised banks? OK… the Tax payer.

    Put an end to the self-regulated building system in Ireland – It FAILED

    That would be my first preference.

    Reply
    • Diego Attley 17/02/12 #
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      I have a feeling the government doesn’t want to pay because they know they’ll be paying for all the similar properties around the country that will come to surface. I worked all over Dublin in apartments and I used to say to myself most days “these places are thrown up!”.

    • Niamh Byrne 17/02/12 #
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      Diego….why didn’t you say that at the time? Its depressing jarring people dating that now when its too late. Ur not the only one I’ve heard saying that, any piece in the radio people who worked in the construction sector come on to tell its all about the appalling work practices that went on during the boom….WHY DID NO ONE SAY IT ART THE TIME? The ordinary person is now left picking up the pieces of the self regulated system that was flouted and ignored. Why didn’t more people stand up and say it at the time?

    • Diego Attley 17/02/12 #
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      To tell you the truth I thought that was the way it was. Everyone else seemed to think the same. I was expected to wire two apartments a day.

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