More than 3,000 homes across Cork city 'left in limbo', some for decades

More than 3,000 homes across Cork City have been “left in limbo” for years, in some cases for decades, because dozens of housing estates have not been taken in charge from private developers by Cork City Council.

Under Section 180 of the Planning and Development Act 2000, the public areas of a residential development can be taken in charge by a local authority once all of the relevant conditions of the planning permission are met.

According to data released by Cork City Council, following a Freedom of Information request by Thomas Gould, Sinn Féin TD for Cork North Central, 37 housing estates across the city have not been taken in charge.

Some estates have not been taken in charge by the council despite being completed years ago, and, in some cases, decades ago.

Left in limbo

Mr Gould said homeowners had been left in limbo for years with ongoing estate-management issues.

“They are left with cracked footpaths, unsafe roads, and often paying to have the grass cut in green areas, because the council won’t do it until the estate is taken in charge,” he said.

“Unless residents pay up themselves, these estates are falling into disrepair because nobody is taking responsibility for them.”

The oldest estates not taken in charge are Ard na Gréine in Banduff and one section of Castlejane Woods in Glanmire, which were both granted planning permission in 1997.

Built by Murnane & O’Shea, Ard na Gréine has 79 homes and the council lists the “taking in charge [TIC] challenges” as “developer: Lack of engagement”. 

In all, five Murnane & O’Shea estates appear in the data.

Murnane & O’Shea told The Echo: “We are actively working with the local authority in terms of the TIC process for all completed sites.”

The section of Castlejane Woods contains 18 homes, with the council listing the developer as “O’Mahony” and the TIC challenges as “funding: inadequate bond, property: wayleave”.

Wayleave

Wayleave is a non-proprietary right of passage through land and often relates to the laying of electricity and other cables. The Echo was unable to contact the developer.

In some of the estates cited in the data, the developers have ceased trading, while others are not readily contactable.

The TIC challenge most cited by Cork City Council is “non-applicable” (16), followed by “lack of engagement” (9) and “wayleave” (6).

The greatest number of estates not taken in charge and built by one developer is 12, and the council attributes those estates to the O’Flynn Group.

These include more than 800 homes in Mount Oval in Rochestown; 224 homes in Coopers Grange and Millers Court in Ballincollig, and 144 homes in Clonlara in Kerrypike.

Of the Mount Oval estates, the oldest dates back to 2002, while the Ballincollig developments date to 2005, with the challenges listed as “not applicable”. In Clonlara, the council lists the challenges as “developer: lack of engagement”.

Actively engaging

In a statement, the O’Flynn Group said the company was “actively engaging” in the TIC process.

It said all three developments had, prior to the 2019 boundary extension, come under the jurisdiction of Cork County Council, with a “complicated” transition delaying the process, adding that “key records held by Cork County Council” had been destroyed by flooding, causing further delays. It said the Mount Oval and Ballincollig developments were in the final stages of TIC, while Clonlara was “at an advanced stage”.

“We refute categorically that we have not engaged with Cork City Council regarding the TIC of Clonlara as is being suggested by Cork City Council,” they said.

Mr Gould said he believed that, given the problems it had caused, there was a need for a review of the 2019 boundary extension.

“I think the housing minister needs to intervene here and commence a review to ensure that any outstanding issues are resolved quickly because this is going on too long,” he said.

A Cork City Council spokesperson said: “The classification ‘Developer: Lack of Engagement’ relates to outstanding action rather than ‘availability’.

“This can range from a developer being in the process of completing an agreed snag list, to not interacting with taking in charge/estates team to advance the taking-in charge process.”