Members of Ashefield’s residents’ [...]]]> Tweet

It’s difficult not to notice that the wall between the estate main entrance road and apartments is deteriorating.  This wall runs between the block of apartments and main estate along the main estate entrance road.  However, due to its location, it has been unclear who is responsible for the upkeep of this wall.

Members of Ashefield’s residents’ committee contacted Westmeath County Council about this.  The main aims here were to clarify who is responsible for the maintenance of this wall and to try and get the problems fixed.  The key questions raised, and responses received from the council are:

Q. For some time now, we have been observing the slow but seemingly inexorable descent into decrepitude of the low boundary wall between the apartments and the estate proper. There doesn’t seem to be anyone taking responsibility for the condition of this wall.

A. The boundary walls of an Estate become the responsibility of the residents once an Estate has been Taken in Charge and are the responsibility of the residents/Management company (whichever is applicable) of any apartments from the date of first occupancy/formation of Management Company. (Reference Westmeath County Council’s “Guidelines for Purchasers in Residential Developments” Policy)

Q. The original planning permission (97/655) had a condition (#30) that a management company was to be established to look after the maintenance of the apartments and common areas. This led to the registration of a company called Minkridge Management Company Limited in March/April 2001. Looking up this company on www.cro.ie I find that its status is recorded as “dissolved” with an effective date of June 2002. It seems clear that this company was never intended to actually perform the maintenance role and was a mere artifice in the successful attempt by Fernside Homes Ltd. to gain planning permission.

A. Condition 30 of Planning Reference 97/655 has been complied with by the Developer in 2001 in that the Management Company was set up for the maintenance of the apartments

Q. Are there separate planning references (presumably with attached conditions) for the different phases of the scheme’s development?

A. The only main Planning Reference for this Development appears to be Ref. 97/655, however you can come into our offices and request a Planning Search and ask to view the Planning Files.

Q. The planning reference only seems to cover Apts. 10-26 (there is no Apt. #13). There is an additional block of apartments (27-30) for which I don’t have a separate planning reference. Is there a separate planning permission for #27-30? Are there any conditions related to a management company?

A. I am not aware of a separate Planning Reference for apartments 27-30, however, you can view Planning File Ref. 97/655 in this regard.
Q. It is my understanding that the council endeavors to ensure that all conditions on planning permissions are satisfied prior to taking an estate in charge. I gather that the council doesn’t take apartment developments in charge, but can your enforcement section offer any input here? It would seem like the lack of a management company would have been evident when the council took the estate in charge?
A. At the time that the Estate was being Taken in Charge, the Apartments would not have been taken into consideration as they were not being Taken in Charge.