Apartment complex not open because of non-compliance

A newly constructed apartment complex on the Old Naas Road “must not be opened, occupied, or used” until the developers comply with enforcement orders.

Bluebell Mills is a two-block apartment development that was built on the corner of the Old Naas Road and Kylemore Road, with over 100 apartments over eight storeys.

The development has been subject to a number of enforcement notices and planning appeals over disability access certificates for the apartments.

The development, built on the site of former cottages on the Old Naas Road, began construction in 2018, and was completed three years ago.

The original planning application submitted in 2017 by firm Arcourt Limited, owned by developer Vincent Cosgrave, was for three six-storey blocks, but this was later altered for two eight-storey blocks, made up of two studio apartments, 22 one-bed apartments, 66 two-beds and 14 three-beds.

According to the council, Arcourt Ltd and Mr Cosgrave were summarily convicted in November 2022 for “failing to give the necessary commencement notice or 7 day notice required under Part II of the Building Control Regulations” and for “providing false and misleading information to the Building Control Authority”.

Two enforcement orders were served on the Bluebell Mills development for failure to abide by building regulations in August 2019.

The first order was in relation to the developer’s failure to provide a commencement notice within the required timeframe, while the second order was in relation to changes made to the cladding on the upper two levels.

According to a statement from the council in 2023, the first order was not appealed but “compliance remains outstanding”.

The second order is currently under appeal before the District Court, which is due to be heard from September 15.

In reply to questions from Ballyfermot councillors Ray Cunningham (GP) and Daithí Doolan (SF) at the full council meeting on Monday, September 1, DCC chief executive Richard Shakespeare said that the development was not “constructed in accordance with the requirements of the granted Disability Access Certificate”.

A disability access certificate was granted by the Building Control Authority (BCA) for the original six-storey development, and construction work began before it was issued.

After construction was completed, an application was submitted for a revised certificate, which was refused by the BCA in November 2023.

BCA gave a number of reasons for their refusal, including the developer’s failure to provide adequate drawings and information about the buildings, “particularly regarding the building of the stairs within the communal courtyard”.

The issues around the disability certificates are currently under appeal to An Coimisiún Pleanála, according to DCC.

“As a result of these impediments, the Building Control Authority is not permitted by the Building Control Regulations to register a Certificate of Compliance on Completion,” they told councillors.

“Accordingly, the building must not be opened, occupied, or used until these matters are satisfactorily concluded and the certificate is properly registered.”

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