How to defend a CPO on a derelict property?

Byrne19

Hi all,

Looking for some advice. An elderly relative of mine has received a CPO on a house that has been vacant for about 10 years. She has placed an objection to the CPO but we are looking for some information on what can be done on a pracitcal level to help our case. The house has been in the family for 3 generations and was going to be inherited by the ladies son who had planned on living in the house. Should he now start to do up the property so it can be no longer regarded as derelict, should he move in. There is very little information on what we can do and she was given no warning that the CPO was going to be issued or that the houses was regarded as derelict. If any one know anything about this process and can offer advice that would be very much appreciated.

Much Thanks

muffler

It's a legal process so you really need to talk to a solicitor especially one who specialises in property.

surrender monkey

As the above poster says it's best to take the notice to a solicitor for their advice.

If the property is being acquired under the derelict sites act 1990 then the local authority would have to serve notices all the way throughout the process. If the owner acts and repairs the property and brings it back into an acceptable state then the local authority wouldn't usually have a right to acquire. Check your local authorities derelict sites register to see if the property is on there. There may be levies owed to the local authority though.

If acquiring under the housing act 1966 then the local authority would have to serve a notice to treat. It's very rare to defeat a cpo. I recall a landowner adjacent to Intel in leixlip fighting for years and eventually winning his case. Have a look at part v of the act. If your aunt refuses to comply with the notice to treat and provide title to the local authority they can opt to vest the property within six months. They will then hold the compensation until your aunt claims it. Alternatively she could opt to enter into arbitration if she doesn't agree with the compensation offered and as far as I know the local authority would have to pay for all costs associated with this. Your aunt needs to go see a solicitor asap

Byrne19

Thanks for your reply. It`s under the 1990 Act. She has never been given notice to repair the property, its in the middle of nowhere I am surprised anyone noticed it. If they get it done up asap hopeful that will be enough to withdraw the CPO. It is a worry that defeating them is rare as the family has no interest in compensation the house has great sentimental value. It hard to believe the state can do this when the family worked so hard to pay for the house in the first place. We have contacted a solicitor but they are as clueless about what to do as us.

antoinolachtnai

Get another solicitor. I think you are going to have to put forward a proposal for how you will redevelop the property including how you will finance it, to be honest.

listermint

Always an interesting one that a place is so darn sentimental yet the entire family let it run ruin into the ground.

And only government Intervention spurs them into saving the place they hold so dear ..

Larbre34

Legal advice is one route.

Another is the membership of the Council itself. Councillors are elected specifically, among other roles, to represent their constituents in local matters of difficulty to them, including with the Council executive.

They are all up for re-election, those who are standing again anyway, in 8 months time.

And so that might energise a couple of them in your local electoral area, to take this on for you, in hopes of votes from your family.

If you object to this CPO (and you should, immediately), it will have to go to An Bord Pleanála for decision and that will cost the Council lots of time and money, an investment they may not be willing to make if they think this whole matter could get troublesome for them and have an uncertain outcome.

However, I would suggest your family formulate a plan to make the site safe and ideally to develop it, even if this is a plan the beneficial owner has no intention of immediately pursuing. Simply put, you'll want to show ABP that there are clear intentions for the site, so be able to show them an architects drawing. It will be difficult to fend off a CPO without some concession, even if that is something of a charade.

I am a chartered planner and have worked on both sides of these things, for Councils and for private clients down the years.

Byrne19

Thanks a lot for the advice. There is architects drawing in place for a intended extension ( may need up dating) and plans have been made to clear the grounds in the next week. I think the son is aiming to move into the house, (although he works far from it) in the hope of warding off the CPO. It would not take too much to fix up the actual house, its more the garden that is a mess. It is certainly a worry for them. Should the council not have issued them with some notices etc to sort out the garden before the CPO was issued? Hopefully making the house reasonably habitable will ward of the CPO, I can`t think what else they can do.

L1011

There may be nothing that meets the requirements for improvement notices to be issued, but still meet the requirements for a CPO. So no, they may not have had any reason to get in contact before.

House near me has had two attempted CPOs, both defeated somehow by the bank that repo'ed the house over a decade ago and who appear to be bamboozled by a title issue (a laneway was sealed by the council and the house owner extended their garden over it) and pulled it when they went to sell it a while back. Its now worth more than the top of the market so it's unlikely they'll lose a cent if they sell it even to a cash buyer but they've done nothing other than stop the council buying it. So it can't be hard.

Byrne19

That is encouraging, thanks for that. Although the banks seem to have superpowers with regards to getting away with things that eludes us regular folk. They have quite a large plot of land beside the house that is rented out included in the CPO, so it seems they want the lot. It is a shame in a way they didn`t send a notice before the CPO was issued to clear up the grounds and all this stress could have been avoided

lmk123

Is this for a road or public amenity of some sort by any chance? Why would they be CPO’ing land adjacent to the house or is it all just under the 1 folio. Has Part 8 planning been granted here for anything

Byrne19

It all under the one folio, They haven`t told them anything about the intentions for the site but I don`t think there is any major developments in the area. I reckon it is just to bring a residential site back into use.

surrender monkey

There is a mechanism to object to the CPO under section 16 of the 1990 Act. How did your aunt receive the notice to acquire the property? A notice of entry on to the derelict sites register as well as a notice under section 11 of the act should have been served prior to the notice to acquire under section 15. Your aunt needs to contact the local authority and request a copy of all notices that were served. If any of the statutory processes weren't followed then the local authority could potentially be in trouble. It could be the case that they were unable to locate your aunt and they were just pinning the notices on the property though.

Download a copy of the act and have a read through it it's not a complicated one.

Byrne19

Thanks for the advise. They had just pinned the notice to the door, But it was not addressed to her by name and must have blown off because nobody saw it, I think they were meant to notify the tenant renting the field as well. There was a notice printed in the local paper but it referred to the general area the house was in which covers 700 acres, even if she had seen the notice she would have had no idea that it was about her house. Hopefully there is a few loop holes there that we can look into. Fingers crossed.

surrender monkey

Yes they should definitely have notified the tenant, it's clear from the act : S15 (1) (b) serve on every owner, lessee and occupier (except tenants for a month or a period less than a month) of the land a notice in the prescribed form stating their intention to acquire the derelict site compulsorily under this Act. If your aunt hasn't lodged an objection she needs to do so now. Get a good solicitor, ring around to see if any of them have experience with cpos.

Byrne19

Yes, she has lodged an objection, hopefully they will get a chance to put the house right before Bord na Pleanala make a decision and the errors they made in issuing the CPO will put them on the back foot. Does anyone know how long the process is from a objection being placed to B na P making a decision. Would we be looking at weeks or months?

surrender monkey

According to the act the objection is supposed to be lodged to the local authority. Have a look at section 16.

Larbre34

https://www.boards.ie/discussion/comment/121236754#Comment_121236754

Their backlog is very significant. especially the minor stuff. Could be 6 to 8 months easily.

Byrne19

That would be great, its not the best time of year to be doing building work. Thanks for the feedback.