Local authorities could get more derelict sites staff following tragic Mallow case
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More staff could be assigned to help local authorities tackle dereliction pending a full review of the state’s derelict sites laws.
The news follows calls for a radical review of the entire system from the family of a man whose skeletal remains lays undiscovered for 22 years in a derelict and boarded-up house in Cork.
The family of Tim O’Sullivan issued their plea for “a more compassionate, efficient and proactive” derelict sites and compulsory purchase order system after an inquest last week into his death established that he died in his terraced bungalow in Mallow in January 2001 but that his remains lay undiscovered until January this year - 22 years later.
The inquest heard that opportunities to find his remains sooner were missed.
It found that Cork County Council could not establish ownership of the house and had no legal authority to enter it and conduct internal checks before it boarded it up in January 2015.
It also heard how members of Mr O'Sullivan's family called to the house in 2003 and when they failed to trace him, sought the assistance of gardaí but that no welfare calls or checks were made to the house afterwards.
The family said they had concerns that in a country with 180,000 derelict properties, this may not be an isolated case.
“As a family, we acknowledge that we should have done more to locate our brother,” they said.
“However, we also believe that the gardaí and the local authorities involved could have shown more care and due diligence in this matter.” They said the decision by the council to board up the house without conducting internal checks highlights one of the many shortcomings in the current derelict sites processes, which they described as insufficient and inadequate.
Sending notification letters to the derelict house, erecting a notice and waiting extended periods, often exceeding 12 months, before commencing the CPO process, is an impediment to timely intervention, they said.
And they said local authorities appear to not have the authority to conduct the necessary legal searches in both the Registry of Deeds and Land Registry to determine the owner and to carry out subsequent searches to contact any next of kin before initiating or during the CPO process.
In its first reaction to the case, the department of housing and local government described it as “a very sad case”.
A spokesman said the department and the minister, Darragh O’Brien, would like to express their condolences to the O’Sullivan family.
But he said it is a matter for local authorities “to determine the most appropriate use of the legislation” in their areas, and that members of the public can also engage with their local authority in relation to addressing individual derelict sites in their local areas.
He said the department initiated a review of the Derelict Sites Act in November 2021 and invited local authorities to make initial submissions on potential improvements to the laws and the way they are applied.
A focused working group was set up, comprising nominated staff members from a number of local authorities, and the department said it expects the group’s report to be finalised shortly.
“The recommendations contained in the report will be considered once it is received,” the spokesman said.
“The scope for the engagement of additional staff resources in local authorities to assist in the more effective enforcement and implementation of the provisions of the Act is also being explored by the department in the context of an ongoing review of the staff resourcing needs of local planning authorities generally.”
Cork County Council said it does not comment on individual cases but it a spokesperson said it always tries to balance the rights of property owners with its statutory responsibility under the Derelict Sites Act, and will continue to follows the statutory process governing this area.