Dún Laoghaire Rathdown County Council is pursuing businessmen Paddy Shovlin and hoteliers Patrick Fitzpatrick and Anthony Fitzpatrick for €12.8 million in alleged outstanding planning contributions related to the Beacon South Quarter development in Sandyford, Dublin.
Mr Justice Peter Kelly ruled today the council, in the manner of bringing its claim, had failed to show it had acted with the urgency required for the proceedings to be fast-tracked in the Commercial Court.
On that basis, he refused to transfer the case to the Commercial Court list, meaning it will have to proceed at a slower pace through the ordinary High Court list.
In seeking transfer, Aidan Redmond SC, for the council, said the National Assets Management Agency (Nama) had secured judgment over unpaid bank loans related to the Beacon development against the three defendants last week and it was against that background the matter was urgent.
Mr Shovlin previously acknowledged a liability before later disputing any personal liability by the defendants, he added.
Caroline Costello for the defendants, said the Council’s letter of demand was issued 11 months ago, the sum sought was later reduced and the managerial order giving the go-ahead for proceedings was issued just last June. The Council had failed to show the required urgency, she said.
The proceedings are against Mr Shovlin, Kerrymount Avenue, Foxrock, Co Dublin; Patrick Fitzpatrick, Dargle Lodge,
Cookstown Road, Enniskerry, Co Wicklow and Anthony Fitzpatrick, Treethorpe, Brennanstown Road, Cabinteely, Co Dublin.
The Council claims the three defendants traded as “Landmark Developments” which was engaged in the Beacon South Quarter development. In granting permissions for that development, the Council imposed conditions requiring the payment of contributions for public infrastructure and other facilities, including towards the cost of extending the Luas Line from Sandyford to Cherrywood.
The Beacon South Quarter development commenced in December 2004 and it was agreed, subject to various conditions, the defendants would pay the financial contributions via instalments to be paid upon the closing of sale of every 100 residential units and of every commercial unit, the Council claimed.
The defendants paid contributions totalling some €7.88 million between 2006 and 2009 but outstanding contributions amounted to some €12.5 million, it was alleged.
The court heard Mr Shovlin, in an affidavit sworn for a defence and counter-claim to proceedings by the Council in July before the Master of the High Court, had argued the development at Beacon South Quarter was carried out by Landmark Enterprises Ltd and, while the defendants were the owners of the lands, they were not the developer.
Mr Shovlin claimed Landmark was required by the Council to carry out very considerable works which were not conditions of the permissions granted and which resulted in a loss to the defendants. He claimed entitlement to set-off in that regard and also said Landmark could not complete the instalments due to the global financial crisis and the collapse in the Irish property market.
Development effectively ceased in April 2008, he said.
While he accepted no financial contributions were made since August 2009, it was apparent the council itself had had difficulty calculating exactly what was owed, Mr Shovlin said.
While he accepted he had sent an email in April last agreeing the total due for financial contributions was about €12.8 million, he said this was an approximate figure which had not been finalised and, for example, calculation related to car parking facilities was not agreed.
It was also important to note he accepted no liability for that sum either for himself or the other defendants, Mr Shovlin said. The borrowings were by Landmark, not the defendants, he said.
Last week, in the first court application of its type, Nama secured summary judgment for some €38.5 million against Mr Shovlin and for some €22 million each against the Fitzpatrick’s over unpaid loans to their companies by Bank of Ireland, including a €280 million loan to Landmark Enterprises for the Beacon South Quarter development.
On the same day, Ulster Bank secured a €6.4 million summary judgment order against Mr Shovlin and €3.27 million summary judgment against both Fitzpatricks.
Irish Times
www.buckplanning.ie
Showing posts with label planning levy. Show all posts
Showing posts with label planning levy. Show all posts
Monday, 18 October 2010
Wednesday, 12 September 2007
Major developers stung with €100,000 planning levy
THE cost of the Metro, new Luas lines, motorways and all main roads and rail lines are each going up by €100,000.
State transport and infrastructure agencies as well as private developers are being hit with a new €100,000 planning fee under the Government's new fast-track system, it will be announced today.
The fee will affect every new motorway, road section, Metro, Luas or power plant project, many of which are about to be submitted for approval.
Until now there was no fee to have a major infrastructure dealt with by An Bord Pleanala under the new Strategic Infrastructure Development process.
Under this arrangement, all major infrastructure projects are sent directly to the board for consideration, bypassing the local authority planning system.
Pipeline
The new fees being announced today by An Bord Pleanala will add €100,000 to the cost of every major infrastructure project, including new heavy and light rail, incinerators, road by-passes, large onshore and offshore windfarms, gas pipelines, high voltage electricity lines, and all new power stations.
Dozens of these projects are in the pipeline, including two Metro lines, seven new Luas lines and scores of major new roads.
The board said the €100,000 would be used to offset any costs involved in determining the planning application.
The cost of these major infrastructure projects ranges from several hundred million euro to billions in the case of the Metro from Dublin city centre to the airport.
Members of the public who want to object to major infrastructure projects on planning or environmental grounds will have to pay a brand new fee of €50 in future.
Developers who are refused permission to retain unauthorised illegal development by local authorities and appeal to Bord Pleanala will have to pay a €4,500 fee, up from €1,900.
Impact
This charge rises to €9,000 if the board has to carry out an environment impact study.
General third-party appeals by members of the public against developments go up from €210 to €220.
The new charges take effect from December 10.
Applications for strategic infrastructure development must, since January, be made directly to the board.
An Bord Pleanala said these applications would cost developers €100,000 but this fee would be offset against any costs charged by the board for determining the case. There would also be provision for a part refund of the fee in certain cases where the project is small.
The board said a fee of €50 would be charged to make submissions and observations by members of the public relating to planning and environmental issues.
It is the policy of the board to direct an oral hearing in significant strategic infrastructure development cases, the statement added.
"As regards normal planning appeals, the fees for making an appeal by the developer relating to commercial development or where an environmental impact statement (EIS) is involved will increase significantly," the authority said.
"However, first-party appeals relating to small developments, eg single houses, and all third-party appeals by members of the public will increase by less than inflation since fees were last revised in February 2005," it added.
Irish Independent
State transport and infrastructure agencies as well as private developers are being hit with a new €100,000 planning fee under the Government's new fast-track system, it will be announced today.
The fee will affect every new motorway, road section, Metro, Luas or power plant project, many of which are about to be submitted for approval.
Until now there was no fee to have a major infrastructure dealt with by An Bord Pleanala under the new Strategic Infrastructure Development process.
Under this arrangement, all major infrastructure projects are sent directly to the board for consideration, bypassing the local authority planning system.
Pipeline
The new fees being announced today by An Bord Pleanala will add €100,000 to the cost of every major infrastructure project, including new heavy and light rail, incinerators, road by-passes, large onshore and offshore windfarms, gas pipelines, high voltage electricity lines, and all new power stations.
Dozens of these projects are in the pipeline, including two Metro lines, seven new Luas lines and scores of major new roads.
The board said the €100,000 would be used to offset any costs involved in determining the planning application.
The cost of these major infrastructure projects ranges from several hundred million euro to billions in the case of the Metro from Dublin city centre to the airport.
Members of the public who want to object to major infrastructure projects on planning or environmental grounds will have to pay a brand new fee of €50 in future.
Developers who are refused permission to retain unauthorised illegal development by local authorities and appeal to Bord Pleanala will have to pay a €4,500 fee, up from €1,900.
Impact
This charge rises to €9,000 if the board has to carry out an environment impact study.
General third-party appeals by members of the public against developments go up from €210 to €220.
The new charges take effect from December 10.
Applications for strategic infrastructure development must, since January, be made directly to the board.
An Bord Pleanala said these applications would cost developers €100,000 but this fee would be offset against any costs charged by the board for determining the case. There would also be provision for a part refund of the fee in certain cases where the project is small.
The board said a fee of €50 would be charged to make submissions and observations by members of the public relating to planning and environmental issues.
It is the policy of the board to direct an oral hearing in significant strategic infrastructure development cases, the statement added.
"As regards normal planning appeals, the fees for making an appeal by the developer relating to commercial development or where an environmental impact statement (EIS) is involved will increase significantly," the authority said.
"However, first-party appeals relating to small developments, eg single houses, and all third-party appeals by members of the public will increase by less than inflation since fees were last revised in February 2005," it added.
Irish Independent
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