Dromaprop Ltd v Leitrim County Council
| Jurisdiction | Ireland |
| Judge | Humphreys J. |
| Judgment Date | 29 April 2024 |
| Neutral Citation | [2024] IEHC 234 |
| Court | High Court |
| Docket Number | [H.JR.2024.0000047] |
[2024] IEHC 234
[H.JR.2024.0000047]
THE HIGH COURT
PLANNING & ENVIRONMENT
JUDGMENT of Humphreys J. delivered on Monday the 29th day of April 2024
. The applicant carried out works on the Abbey Manor Hotel, Dromahair, Co. Leitrim for the purpose of converting it to use as accommodation for international protection applicants and displaced persons. Building regulations permit completion to be certified on a partial, area-by-area basis. The applicant submitted a completion certificate in that regard covering the above-ground floors. The two basement floors were to be closed off and not used pending development. Regulations provide that a council has 21 days to invalidate the certificate, request further information, or register it. The council engaged in unremarkable co-operative correspondence with Dromaprop and made a limited request for technical information. Following receipt of that, the council abruptly turned around, outside the statutory period for a rejection, and purportedly invalidated the certificate on a sweeping, objection-in-principle basis grounded on a new concept of lack of “collaborative compliance” arising from the uncertified parts of the development in an unspecified way, identified only by reference to 16 chapter headings of regulations running to hundreds of pages. The basic issue in the present case is whether such an opaque, out-of-time, generalised rejection, inconsistent with the failure to object in principle when the certificate was submitted, irreconcilable with the limited nature of the further information sought, and hostile to the concept of partial certification that is expressly recognised as legitimate in regulations, is lawful.
. Catherine Dunne B.L. sets out the background to statutory control of building standards in her article “ Building Regulations, Control Compliance and Judicial Review” in the current Bar Review, April 2024, vol. 29 no. 2 p. 68 (notes omitted):
“Historically, building control and fire safety legislation has tended to follow as a response to building disasters and failures. The Great Fire of London, which occurred in 1666, began in a bakery on Pudding Lane and raged for four days, ultimately leading to the introduction of building regulation in the UK with the Rebuilding Acts in 1667. Before the Great Fire, London was comprised of a mass of timber-framed buildings and thereafter, the city's buildings were rebuilt on their original plots using brick and stone. In 1981, the tragic fire in the Stardust nightclub in Artane, Co. Dublin, led to the introduction of the Fire Services Act, which was followed by the Building Control Act 1990. The design and construction of buildings is now regulated under the Building Control Acts 1990 to 2014, which provide for the making of Building Regulations and Building Control Regulations. BC(A)R was introduced in 2014 to amend the pre-existing legislation in response to mistakes made in developments constructed during the Celtic Tiger period, including … Priory Hall and Longboat Quay. Set out in 12 parts (classified as Parts A to M), BC(A)R represented one of the most significant changes to the Building Control Code since the 1990 Act, by strengthening the existing provisions in relation to notifications, compliance and registration of buildings.”
. The Abbey Manor hotel in Dromahair dates from 1860. The National Inventory of Architectural Heritage affords it a regional rating and records the following:
“Detached seven-bay two-storey double-pile hotel, built c.1860, with projecting entrance bay with pyramidal roof and gabled dormer lights. Pitched slate roof, currently being rebuilt. Rendered chimneystacks. Ransom coursed limestone with red brick dressings and rendered walls to side and rear and with cut stone relieving arches to ground floor windows. Timber casement windows with stone sills and brick surrounds. Upper windows have gables with carved bargeboards. Replacement glazed timber door with brick surround and fanlight. Carved stone head over doorway at south end of façade.
Appraisal
This hotel is a prominent structure in the town of Dromahair. Its ornate design incorporates details such as the [pyramidal] roof to the entrance bay, gables and the use of contrasting limestone and brick dressings. It is an architecturally pleasing structure, which makes a positive contribution to the built heritage of the area.”
. Dromaprop is the owner of the Abbey Manor Hotel. Part of the premises is included on the Record of Protected Structures in the Leitrim County Development Plan 2023–2029.
. The council is the building control authority for the County of Leitrim.
. Planning permission was granted to Dromaprop on 12th January 2023 under planning register ref. No. P22/138 to retain and complete renovations and alterations to the property including the original Protected Structure. The grant of permission was subject to 14 conditions.
. No commencement notice was served, contrary to the building regulations.
. On 9th August 2023, Dromaprop served a 7 day notice under art. 20A of the Building Control Regulations. This is not limited to any particular phase of development – that part is left blank. The 7 day notice was issued after works commenced, contrary to the regulations.
. At some point during the course of 2023, Dromaprop made the decision to convert the premises to use as temporary accommodation for persons seeking international protection.
. Dromaprop liaised with the council throughout these works in respect of its statutory and regulatory obligations in respect of the property. On 11th October, 2023, Mr Nathan Gregg, building control officer with the council, attended at the property and discussed the phased completion and certification with Dromaprop's architects.
. Dromaprop applied for a fire safety certificate and submitted a Fire Safety Report dated October 2023. Section 1.1 of that document says that “The works relevant to this application include all areas of the building”.
. On 16th October 2023, the council through the medium of Mr Gregg himself issued a fire safety certificate for “renovations works to existing hotel at Abbey Manor Hotel, Main street, Dromahair, Co Leitrim.” This document, of note in the light of the volte face adopted by the council later, reads as follows (note omitted):
“Leitrim County Council hereby certify that the works or building to which the application relates, will, if constructed in accordance with the plans, calculations, specifications and particulars submitted, comply with the requirements of Part B of the Second Schedule to the Building Regulations, 1997 to 2022. In considering the application, no assessment has been made as to whether the works or building will comply with other requirements of the Second Schedule to the Building Regulations, 1997 to 20022. This fire safety certificate is granted with no conditions.”
. On 25th October 2023, Dromaprop pre-applied for the certification of the phased completion of the development. The description of the works included in this notification expressly noted the partial certification as follows: “Phased Completion of renovation works to the Ground Floor, First Floor and Second Floor of the Abbey Manor Hotel, Dromahair Co. Leitrim.”
. On 7th November 2023, the Department of Children, Equality, Disability, Integration and Youth wrote to the council outlining the intended use of the property for people displaced persons and persons seeking international protection.
. Dromaprop issued the Certificate of Compliance upon completion at issue in these proceedings on 13th November 2023.
. This is a detailed document, and makes clear that it does not cover the entire property. It includes a plan DRG No. C101 R1.0-CCC GF FF SF, which is headed “Hatched Area Not covered under this Completion Certificate” that covers the Lower Basement Plan and Upper Basement Plan.
. Mr Nigel Coleman, one of Dromaprop's architects, sent an email to Mr Gregg on the same date:
“Hi Nathan,
I have submitted the pre-notification CCC for the Abbey Manor Hotel in Dromahair. Submission No. 8499865. The commencement date was set as 16th November.
The [Disability Access Certificate] Decision (Sub no. 4009571) was due on the 9th but has been extended to the 23rd of November.
Can we extend the CCC date for 2 weeks or will we submit a new CCC?”
. Mr Gregg replied 20 minutes later. His reply, set out below:
“Thanks Nigel, noted. Perhaps the easiest way is for me to request Further Information. That will keep the CCC ‘live’ without the need to submit a new one along with the associated documents.
I would have looked for the FDAS, EL, Mech and Elec installation and commissioning certs anyway and this will also facilitate sufficient time for the DAC to be granted.”
. Mr Gregg duly forwarded a request for revised information regarding the CCC to Dromaprop's architect on 13th November 2023. This reads as follows:
“BCMS Leitrim County Council Áras an Chontae Carrick on Shannon Leitrim
Mr Declan Hallinan, Director Mr Declan Hallinan Mr Michael Conmy
Date
Re: Abbey Manor Hotel Submission No: 2053000
13 November 2023 at 14:59
Commenced Works: Renovation Works to the Abbey Manor Hotel, Dromahair, Co. Leitrim Completed Works: Phased Completion of renovation works to the ground floor, first floor and second floor of the Abbey Manor Hotel, Dromahair, Co. Leitrim.
(This certificate does NOT include the upper and lower basement levels).
Address: Main Street Dromahair Leitrim F91 AT22
Dear Sir/Madam,
Leitrim County Council, as the Building Control Authority, hereby notifies you, in accordance with Article 20F(5), that the Certificate of Compliance on Completion submission, as referenced above, requires Revised Information or additional documentation, as listed....
To continue reading
Request your trial