Council warns it may sue estate developer over faulty water supply

Cork County Council has warned it will take legal action against a developer who has allegedly left a 600-house estate in North Cork with a substandard water supply where major leaks are commonplace.

The council’s head planner, Andrew Hind, said yesterday he was “most sympathetic to the concerns of residents affected by these issues” and promised if a solution was not reached shortly, he “will ask the county solicitor to vigorously pursue a claim on the security bond that the council holds” on the development.

The council has, to date, tried unsuccessfully to get the developer and his financial backers to resolve the issue at Castle Park, Mallow. The situation is further complicated by the creation of Irish Water.

The council has tried to get the developer to carry out remedial works on the estate’s water system so it would come up to a standard that it could be “taken in charge”.

Estates’ services used to be taken in charge by local authorities. However, since January 1, this function has to be carried out by Irish Water.

In a letter written to councillors in North Cork, Mr Hind said the council now had to get agreement with Irish Water on the appropriate remedial measures that will enable them to take the infrastructure “in charge”.

He said Irish Water has yet to issue any policy or protocol setting out its approach to taking in charge of water infrastructure constructed by private developers.

However, he added the company is preparing such protocols.

Mr Hind said when Irish Water eventually issue the protocols, “then the way forward might become a little clearer”.

In the meantime, he said he is also in talks with county engineer David Keane to try and push things forward for the residents of Castle Park.

Cllr Melissa Mullane (SF) had raised the issue. She said the situation “had gone on for a number of years” at the estate and it wasn’t acceptable.

She said despite Mr Hind’s letter, she was concerned there was still no timeline for taking legal action, if necessary, against the developer and to draw down the bond — an insurance guarantee by his financial backer if a project wasn’t fully completed.

“The biggest issue here is trying to get that bond released. I will bring up this subject every single month (at the Northern Division’s meetings) until this is done,” she said.