Council's attempt to acquire Kildare land fails 

PLANS by Kildare County Council to make a compulsory purchase order (CPO) of three adjacent, derelict properties in Castledermot has failed after the council included a field and an extra property in its application that was not part of the package.

The council made the application to an Coimisiún Pleanala under the Derelict Sites Act last April for three derelict shops on Main Street owned by Trevor Moore and the estates of Audrey Dawes and Shirley Kenny.

The site comprises three two-storey properties on 0.715Ha (1.8ac), and an adjacent triangle of land to the north east.

The western boundary wall is partially collapsed, and while the northern boundary is also walled, it forms the curtilage of a number of residential properties, and a farmyard.

A site inspection was carried out in June, but the Coimisiún’s officer was not able to gain access to the site.

He noted that the three buildings “appear unoccupied”, the ground floors were all boarded up, guttering was missing, and though the slate roof was largely intact, it was covered in moss.

The inspector noted that none of the three properties were listed as Protected Structures, however all of them were on the National Inventory of Architectural Heritage.

Correspondence was commenced last year with the owners to “take measures” to renovate the three properties, and when this was ignored, the owners were notified of the CPO on 11 February.

When the notice went public six days later, it received four formal objections from Trevor Moore, Helen McDonald, and from James Cody Solicitors acting on behalf of the estates of Dawes and Kenny.

While exercising their due diligence they discovered that the submitted map from Kildare County Council included a field owned by a neighbouring farmer, and a fourth property not part of the target package.

He discovered there was no formal engagement with the owner of the fourth site, or the freehold owner of the agricultural field.

In his objection, Mr Moore pointed that the property had been in the family for four generations since 1916, and that he had contacted the council's Vacant Homes Section to notify them of his intent to refurbish the location.

However, he complained the Vacant Homes Section ignored his intentions, and ploughed on with CPO.

He said he discovered that correspondence from the council sent on 1 May was only received on 17 August, as it had been received by a neighbour, and there was no signature on the registered letter.

“The fourth property was never placed on the derelict sites register and it should be noted that no maps were made to identify the individual properties, and it has now come to light that property being included was not the subject of other properties placed on the derelict sites register,” said Mr Moore in his complaint.

“At no time was there any indication that fourth site was subject to matters relating to the other three properties.

“There was no active engagement from the local authority regarding this fourth site contained within the overall site and as such the process was not fair and reasonable and not in compliance with the requirements of the Derelict Sites Act”.

The property is the only property owned by Helen McDonald and is considered to be her home.

Helen McDonald went to work in England and returned on a regular basis but stayed elsewhere as the property was subject to anti-social behaviour.

Trevor Moore wrote to the council to explain he was organising to refurbish the dwelling with a view to Helen McDonald retiring there or family moving in.

However, the council placed the property on the derelict sites register even though it was stated that the property was being worked on for Helen McDonald or family to live in.

Housing department guidelines indicate that a local authority is to engage with members who have vacant properties and a CPO cannot be pursued without giving adequate time and opportunity to bring the property back to life.

Also, the boundary of the property has not been identified by the council.