Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I welcome the Minister of State to the House. I am delighted to have her hear to listen to this case, about which she has heard from me in the corridors of this House, on the telephone and in letters. I ask Deputy O'Sullivan, as Minister of State with special responsibility for housing in the Department of the Environment, Community and Local Government, to specify where responsibility lies and the action that will be taken to support the residents of Oranhill and Oranmore, who number close to 1,000 people, including approximately 500 children, regarding a very dangerous site - a large hole, essentially - in the area and which has been abandoned since 2007. I have frequently described this very large, excavated hole as being more than big enough to sink Leinster House into. It belongs to what I can only describe as an unco-operative owner, although I hope we will see a change in that regard. I understand it is not a NAMA property but a site on which live planning permission exists. Given all of these conditions, can the Minister of State tell me whether the Derelict Sites Act 1990 applies. I have examined everything with regard to this site and it would appear, at every turn, the site and the residents fall between all stools.

This situation has existed since 2007, when a large excavation took place. The original plan was for shops to be built on the site and the excavation was originally carried out in good faith, but of course, we know what happened with the economy since that time. As I said, the Oranhill development comprises 300 units with up to 1,000 residents. The unanimous request from the residents is to have the hole filled in, for health and safety reasons, particularly, as well as for visual reasons and for the sake of other properties in the area. Various engineers' reports support this request. It became an even greater danger during recent bad weather when the flimsy and unsightly hoarding flew off the site, which could have hit a car, pedestrian or child. There is no footpath on one side of the road because of the hole. It is a serious health and safety issue. I have contacted the Health and Safety Authority about this matter but it has no responsibility because the site is not a workplace. Local children recently made a YouTube video about the hole, which has had over 17,000 views to date.

Galway County Council has repeatedly stated that it is its responsibility just to make the hole safe. The Minister of State's office has said the Department is not responsible because the site does not fit into category four of the national housing development survey of 2011, although in my view it fits perfectly into the description of a category four development, which refers to a development which has been effectively abandoned and is posing serious problems for residents. If the Minister of State could conclude that the site fits into that category, that would be a great outcome, and I ask her to consider that seriously.

The owner of the site is unresponsive to correspondence. The site has an active planning permission, renewed in 2011 and which extends to 2016, unfortunately. I have checked the Derelict Sites Act, however, and active planning permission does not mean the site will not qualify under that Act. Nothing has been done with the site. It is effectively abandoned and is posing serious problems for the residents. Everybody is upset about it. Even the children are up in arms about it and have made a YouTube video on the subject. If the site was given category four status, the council could apply for funding to address the immediate public safety concerns at the site. The site should clearly be on the category four list. The whole issue seems to be lost in bureaucracy and an avoidance of responsibility.

I believe the site clearly qualifies as a derelict site under the Derelict Sites Act 1990. Under the legislation, a derelict site means "any land ... which detracts, or is likely to detract, to a material degree from the amenity, character or appearance of land in the neighbourhood of the land in question" because of an unsuitable structure, which one could class the hole as, or because of the "neglected, unsightly or objectionable condition of the land or any structures on the land in question". The site in Oranhill fits into both categories.

If the site was classified as a derelict site, the council would have the right to make the site safe and reclaim any expenses from the owner who has effectively abandoned it, after giving him a written notice and a certain amount of time to act on the site. Through my reading of this Act, responsibility clearly lies with the council to act on this site under the provisions of the Derelict Sites Act.

I have given the Minister of State two proposals today. The first is that she could sort this out by putting the site on the list of category four developments. The second is that the council could sort this out under the Derelict Sites Act. I am at a precipice here, as are the residents of Oranhill. I ask the Minister of State to come up with a solution and to give direction on how best to act so that we can achieve harmony after almost six years.

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

Senator Healy Eames has been following this issue and asking me about it for quite some time, and I understand her frustration and that of the residents. I thank her for raising the issue in the House.

Matters relating to planning disputes of this nature are matters for the individual local authority involved. I know Senator Healy Eames has heard this before but I have no jurisdiction in such issues. However, I am aware of the difficulties faced by the residents of Oranhill, Oranmore, County Galway.

The main difficulty associated with this development is one of compliance with the original planning permission. I understand that Galway County Council has been in regular contact with the developer on a range of issues relating to compliance with the full terms of the planning permission as granted. Galway County Council has recently received a complaint under the Derelict Sites Act 1990 - which is one of the solutions suggested by the Senator - and will make a determination soon as to whether that Act applies to this site.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

Has the council given that commitment to the Minister of State?

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

I am chairing the national co-ordination committee on unfinished housing developments to oversee implementation of the report of the advisory group on unfinished housing developments, together with the Government's response to the recommendations. The committee includes representatives from the Irish Banking Federation, local authorities, the Housing and Sustainable Communities Agency, NAMA and the construction sector. Real progress is being made with regard to the public safety works required to improve the living conditions of existing residents on some unfinished estates, and the committee is meeting on a regular basis to oversee this effort. The committee has produced a guidance manual on resolving and managing unfinished estates, a key stakeholders code of practice and a guide for residents living in unfinished housing developments, all of which are available at housing.ie.

My Department launched the public safety initiative, PSI, in March 2011, which provided funding to address immediate public safety issues. The types of works that have been approved to date under the PSI include the fencing off of unsecured and hazardous areas, capping of pipes, installation of street lighting and other works to secure sites. Under the PSI, my Department has made allocations totalling some ¤3.879 million to 21 local authorities from the funding made available, and to date a total of ¤2.515 million has been drawn down by local authorities. However, I know that this is not much consolation to the Senator if it does not apply in this particular case. The PSI provides funding only in instances where a developer has abandoned the development. I understand that in this particular case, the developer is merely inactive and has not actually abandoned the development. In such circumstances, the responsibility for the maintenance and resolution of issues surrounding the development are matters which need to be addressed between the developer and the relevant stakeholders and my Department has no remit in this regard. This development does not, at present, qualify for funding under the PSI. However, should circumstances change in this regard, Galway County Council may apply to my Department for funding under the PSI to address immediate public safety concerns on the development.

The situation is that the site is not abandoned, as such, but is inactive.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

That is a matter of definition.

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

If any information comes to my attention that would suggest that the site is totally abandoned, then it can come under the PSI. However, the information available to the Department at the moment is that the site is inactive rather than abandoned. As the Senator has said, the site has active planning permission.

The council is in regular contact with the developer and is doing what it can. At the moment, therefore, it cannot be classified as abandoned. The local authority is looking at the Derelict Sites Act in the application and will make a decision on that. If there is a change in the definition, this can be concluded under the public safety initiative. I am sorry I cannot give a more definitive answer.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I thank the Minister of State for being here and listening. I would invite her to look at my hole, as would the residents, because it has to be seen to be believed. The Senator behind me would agree about this hole. The residents had a large hole party.

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

I was invited to the large hole party.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

This is not just about compliance, they want it filled in. There are anomalies here. This was considered a finished estate for the household charge but it is clearly unfinished.

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

It is not in one of those categories.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

That was wrong.

The Minister of State made the point that it is more inactive rather than abandoned but I would dispute that. I take the point that if it is classified as derelict site by the council, we can consider it abandoned. This developer said to me he would fill the hole in when we fix the economy, meaning he will never do it. Is it right that up to 1,000 people and 500 children are left in such a state in this wonderful area with houses that cost up to ¤700,000? It is not right and that is why I am asking the Minister of State to keep abreast of this case. We are talking about abandonment.

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

There will be a decision soon whether it falls under the Derelict Sites Act and that should enable progress. I have been told it is not an abandoned site and it cannot therefore be covered under the public safety initiative. If there is information to suggest it has become an abandoned site, we can respond and have funding available.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

That is good news.

Jan O'Sullivan (Limerick City, Labour)
Link to this: Individually | In context | Oireachtas source

I hope we will see progress in the near future and I commend the Senator for her vigilance and persistence on this issue.

Fidelma Healy Eames (Fine Gael)
Link to this: Individually | In context | Oireachtas source

I used to live there.