Another route to housing: The long and complex process of restoring properties

In part three of his dereliction series, Eoin English looks at the long and complex process of restoring properties, as well as hearing the perspective of an owner.

By downsizing to Arus Mhuire (pictured), people free up larger council or privately-owned homes to families on the local authority’s housing waiting list. Photo: Larry Cummins

In today's dereliction feature:

• Another route to housing - While Cork City Council gets deserved praise for using the ‘competitive dialogue process’ to deliver schemes it has also faced deserved criticism for delays allocating some of the completed units to tenants.
• Engaging with owner - Successful engagement with owners to remove dereliction can be complex and protracted, with no guarantee of success.
• The owner’s side of the story - The owner of two prominent derelict buildings on the main spine of Cork’s medieval core says the State should do more to help owners like him repair and restore their properties, especially if they are of historic significance.
• Two small houses, one decade-long journey - Two long-term derelict houses, which were targeted by the derelict sites team after being approved for compulsory purchase order (CPO) and vested in the council in 2018, are still vacant and boarded up.

The council is keen to point out that just because properties look vacant and derelict and are not on the derelict sites register (DSR), doesn’t mean that they aren’t pursuing strategies to bring them back into meaningful use.

It cites the development of a 17-apartment scheme on two long-time vacant sites on Lower John St, which are now being managed by Focus Ireland, as an example of how it can address some sites through what’s known as the ‘competitive dialogue process’.

It involves the council effectively issuing an open call to the market, and seeking expressions of interest from landowners, developers and builders to participate in a public procurement competition to deliver social and affordable homes across all types, ranging from houses to apartments, and across all tenures, right across the city.

The Lower John St site contained two long-time vacant and disused warehouses. They were on the councils’ radar to tackle but there was a decision not to acquire the sites but to pursue them through the competitive dialogue process.

The buildings were bought from the owners by a development firm, which then engaged with the council which in turn pursued the development of a bespoke housing solution here through the competitive dialogue process.

The council has delivered several award-winning housing solutions and provided much-needed homes using this process in recent years - including the Arus Mhuire development on the Skehard Road in Blackrock.

This site contained an under-utilised bungalow, complete with a large area of vacant land. It may have appeared as derelict and it wasn’t on the DSR but it was being pursued by the council for development.

The council set about delivering a 30-unit sheltered ‘rightsize’ housing scheme featuring a mix of one- and two-bedroom homes, largely aimed at over 60s considering downsizing from larger homes.

By downsizing to Arus Mhuire, people free up larger council or privately-owned homes to families on the local authority’s housing waiting list. The scheme is managed by the approved housing body, Tuath and includes an onsite caretaker.

Solidarity Cllr Fiona Ryan put it best when she suggested that Cork, of all cities, should have learned lessons from the timing of sod-turning ceremonies. Photo: Denis Minihane

One of the scheme’s residents, Jim Hourihan told this newspaper last September that it was a big decision for him to leave his home of 50-years and move into Arus Mhuire.

But he said: “It’s my little palace. If you offered me any other place now, I wouldn’t take it - unless I win the Euromillions. Only then, I might consider it.” 

Work is also well underway on the delivery of 35 units at the Springville House office site in Blackrock.

Again, this former office block had lain vacant for some time and had all the appearance of dereliction before it was acquired by the council, and a decision was made to use it for housing.

Again, by engaging the competitive dialogue process, plans for a downsizing housing scheme were drawn up, there was public consultation, a Part 8 planning process - all of which takes time and money - and a former office building will now be converted into a four-storey over-basement scheme, with four single-storey one-bed houses, 15 two-bed apartments and 16 one-bed apartments.

While the council gets deserved praise for delivering schemes like these, it has also faced deserved criticism for delays allocating some of the completed units to tenants.

Ribbons were cut on the Shandon and Lower John St projects last summer, giving the clear impression both were finished and ready for occupation, but the Irish Examiner reported over Christmas how both units remained largely vacant six months on.

That led to calls from councillors at January’s council meeting for a rethink on the timing of such ribbon-cutting ceremonies.

Solidarity Cllr Fiona Ryan put it best when she suggested that Cork, of all cities, should have learned lessons from the timing of sod-turning ceremonies - a veiled swipe at the event centre sod turning in 2016.

Engaging with owner

While there has been successful engagement with owners to remove dereliction, the process can, like a lot of things around dereliction, be complex and protracted, with no guarantee of success.

Take 30 St Finbarr’s Place for example - a detached three-bay two-storey house, built in the mid-1880s, which sits on a large site on a pedestrianised lane facing St Fin Barre’s Cathedral and just a few minutes walk from UCC and the city centre.

The house sits on a 1,000 sq m site adjoining a section of the western walls of Elizabeth Fort, and is surrounded by a walled garden, which today is overgrown.

It would seem to have everything going for it but it has been on and off the DSR over the years.

Despite planning being granted for housing on the site almost 17-years ago, the site today is surrounded by graffiti-covered hoarding, and the house windows and doors are boarded up.

A council brief described the site of 30 St Finbarr's Place as important given its significance as a type and its proximity to St Fin Barre's Cathedral. Photo: Denis Minihane.

A 2004 grant of planning to develop two houses on the site was never delivered.

In 2016, the council drew up a detailed development brief for the site to guide any potential development that may be considered.

The site was eventually sold and then removed from the DSR in 2018 following an agreement that the new owner would remove the dereliction.

But a year passed, and then another, and another, and dereliction remained, prompting more complaints to the council about the condition of the property, and about anti-social behaviour on the site.

The council opened a new file on the property in 2021 and the process of inspection, of ownership investigation, and of issuing legal correspondence had to start all over again.

There were hopes that the dereliction would finally be resolved when a development proposal for the site emerged last year.

Records of a pre-planning meeting from last October show that the 2016 development brief was discussed.

30 St Finbarr's Place on Barrack St would seem to have everything going for it but it has been on and off the DSR over the years. Photo: Denis Minihane

That brief described the house and site as important given its significance as a type and its proximity to St Fin Barre's Cathedral.

Because of its architectural significance, the council said any proposed development would need to incorporate the retention of the existing structure but that proposals for additional structures would be open for consideration.

The owner was told that they would need to submit an architectural design and conservation appraisal showing how the scheme respects its setting, and how it has regard to the sensitive location of the site adjacent to the Elizabeth Fort.

The plans should include a buffer zone between any potential new development and the walls of Elizabeth Fort, and liaison with the city’s conservation officer was advised before any planning application was submitted, the owner was told.

A planning application was finally lodged just three days before Christmas for the refurbishment and extension of the existing dwelling and for the construction of six houses - three one-bed single-storey dormer townhouses, one one-bed single-storey dormer detached house, and two two-bed townhouses up to one-a-half-storeys high, with associated bicycle parking, with pedestrian access via an existing entrance off St Finbarr's Place.

In their application, the owner’s planning consultants said the pre-planning meeting informed the design and layout of the proposed infill development.

Documents in the planning file describe the existing house as in very poor condition, with damage from water ingress and vandalism, with much of the first floor collapsed.

However, the application was marked as an “incomplete planning application” and it was invalidated on January 7.

It remains to be seen whether a new application will be submitted, if that will be approved, and if the owner will then proceed to development.

In the meantime, the dereliction endures and the complex and costly task of dealing sensitively with such a property and site in an historic setting remains.

The architects working on this project are also working on another housing project proposed for a derelict site off Blarney St. They declined to return phone calls.

Disposal or sale 

The council can also opt to dispose of sites on the DSR that it has acquired through the CPO process.

The Irish Examiner reported in January how a building declared derelict almost 20-years ago and an adjoining vacant lot in the city’s historic market area are to be offered for sale as part of a package on the open market.

The properties at 43, 44 and 45 Cornmarket St are all in council ownership and they are expected to be advertised for sale over the coming weeks.

The sale will include the vacant former Paintwell building, which has been on the city’s derelict sites register since September 2003, and the adjoining vacant lot, bounded to the south by Portney’s Lane, which has been used for parking, and in recent years as a community garden and as an outdoor space by nearby pubs.

However, a vacant lot immediately south of the lane, at 42 Cornmarket St, which has been on the derelict sites register since 1993 - longer than any other of the city’s current list of 95 derelict sites - is not included in the sale offer because it is not in council ownership.

The owner’s side of the story

The owner of two prominent derelict buildings on the main spine of Cork’s medieval core says the State should do more to help owners like him repair and restore their properties, especially if they are of historic significance.

Solicitor Thomas Shanahan said it is of no advantage to him to leave his properties at 61 and 62 Shandon St as they are. They were added to the city’s derelict sites register just over three years ago.

“And I don’t like the tag of ‘derelict’ being attached to the properties either - no-one would. But it’s a question of finance,” he said.

61 and 62 Shandon St were added to the city’s derelict sites register just over three years ago. Photo: Denis Minihane.

Reluctant to talk about the matter at first, Mr Shanahan, who runs his legal practice Thomas A Shanahan and Co Solicitors from one of the buildings decided to speak to the Irish Examiner to offer some insight into the often hidden story behind derelict buildings, and to explain why some property owners find themselves in such situations despite their best efforts.

The buildings stand on a key site at the bottom of Shandon St, with frontage onto both Shandon St to the north and Farren’s Quay and Pope’s Quay to the south.

Mr Shanahan was granted planning in 1998 for refurbishments to an existing public house in one of the buildings, and for a retail shop and office in the other, and for the conversion of the first, second and third floor spaces to office and apartments.

It was granted with several conditions, including:

• that any new or replacement windows should be in timber and incorporate the identical glazing details and opening sections of the existing windows, 
• that any new replacement window cills should match identical to the existing ones, 
• that all existing internal timber panelling should be retained and made good as necessary to match the existing panelling, 
• that the existing staircase, original handrail bannisters and newell posts should be retained, 
• and that full details of external steps and railings to Farren’s Quay, Pope’s Quay and Brown’s Hill, the stepped lane which links the quays to Shandon St, should be agreed to by the council prior to any development starting.

All were deemed necessary to retain the important architectural characteristics of the properties, which have been listed for preservation in several city development plans.

It’s not clear to what extent, if any, this planning was implemented.

But by 2018, the visual appearance of the buildings led to them being entered onto the DSR. which listed them at the time as having a combined market value of €250,000.

Placement on the DSR means they are now subject to a 7% annual dereliction site levy, which this year will be in the order of €17,500.

Mr Shanahan said whatever chance he had a few years ago of being able to afford work on the properties is gone now.

He has repainted them but they have been vandalised with graffiti tags within days. He has replaced windows, but panes have been smashed by vandals using bottles and screwdrivers.

“I did some work on the buildings a few years ago, repainting, re-roofing and replastering but I had to do it on a shoestring,” he says.

Mr Shanahan said he would like to see the upper floors of 61 and 62 Shandon St used for housing, or brought back into meaningful use. Photo: Denis Minihane

“If I want to replace a window, I have to replace it with sliding sash window, I have to replace it with like for like, and that could cost €3,000 for just one window, and there are about 10 windows in these buildings. A single pane in a window can cost up to €300,” he said.

“Then they (the council) came along and put the buildings on the register. I feel very aggrieved about that.” He said the move was “unjustified” and “draconian”.

“They are screwing the life out of people,” he said.

“I would like to try to sort out what’s wrong but where I am going to get the money required? The banks aren’t lending.

“This needs a carrot and stick approach but all they’re doing is the stick.

“If they offered some bit of help, I’d be delighted. But there are so many regulations and red-tape.

“Working on old buildings like this is like pulling a thread on a jumper. You have to be so careful and that’s where the money comes in.” Mr Shanahan said he would like to see the upper floors used for housing, or brought back into meaningful use, and he said his door is open to engagement with City Hall.

When derelict sites are earmarked for housing
If the local authority decides to use a site it has successfully acquired for a local authority housing project, it must embark on one of two processes with the Department of Housing and Local Government.

Given the uncertainty around acquisition, these processes don’t start until the property has been vested in the council, to ensure scarce resources aren’t wasted.

A single-stage process is available where the council believes that a property can be refurbished. But for larger more complex projects, a four-stage process must be followed, in line with the public spending code.

Stage 1 The submission stage involves a capital appraisal by the council. It includes an outline of the scheme with details relating to what will be delivered, how it will be delivered, the housing need and a cost estimate. If the department approves the first stage, the council can proceed to design the scheme, with a budget attached.

Stage 2 The council proceeds with the design of the scheme for the Part 8 planning process, with a revised cost estimate based on the detailed design. If the department approves this stage, the council can proceed to the Part 8 planning process.

Stage 3 The tender design is submitted to the department, with a revised cost estimate again based on the most advanced design. If the department approves this stage, the council is cleared to advertise the tender, inviting potential contractors to bid for the project.

Stage 4 A tender report is submitted, with details on the preferred bidders. Once this stage is approved, the council is cleared to award the contract.

Two small houses, one decade-long journey

Two long-term derelict houses, which were targeted by the derelict sites team after being approved for compulsory purchase order (CPO) and vested in the council in 2018, are still vacant and boarded up.

The council points to its CPO successes - including 1 Evenus Villas on Albert Road, which was declared derelict in 2016, and where work is finally underway on its renovation, to the once-derelict terraced 338 Blarney St which was CPOd and converted into a home, and to a large house at 2 Monaville, Glasheen Road, which had been boarded up for some time before being acquired by the council, and following council engagement with a new private owner, has been renovated and restored for housing.

But there are cases where even after a lengthy and successful CPO process, the houses are still left vacant.

Two properties - 15 Lough View Terrace and a property on Gould St - have been on the DSR for over a decade, were approved for CPO in 2018, but are still vacant and boarded up. Both properties were highlighted in a special feature on dereliction in 2019. 

The house overlooking the Lough was placed on the register in December 2012 and was one of four long-term derelict properties which were specifically targeted by the council when it reactivated a programme of compulsory acquisition in 2017.

It was one of two properties which were owned by the same man, who had died in 2002 - 15 Lough View Terrace, which includes a 52m stretch of overgrown land running down to the edge of the Lough, and a one-storey terraced house at nearby Gould St, opposite the Lough Church.

The owner lived at the Gould St property before his death. According to documents from the High Court, his will did not mention this property.

The council had been in contact with the owner’s legal representatives over the condition of both properties for over a decade before it launched parallel processes in 2017 to compulsorily acquire them both.

The properties were among a number which were held in trust by a legal firm, which had been given discretion by the owner to dispose of the properties to charities. Contacts between City Hall and the legal firm about the condition of the Gould St property began in 2007.

Complaints from neighbours are on file from 2010. An inspection followed, the site was deemed derelict and it was recommended that it be entered on the DSR. A year later, the council issued a pre-Section 11 notice to the solicitors directing remedial works. Nothing was done. The property was entered on the DSR in December 2012.

The city wrote to and met the same solicitor in an attempt to address the dereliction matters at the house at Lough View Terrace, but title issues emerged which the solicitor said he was trying to resolve, without success. Planners made a number of site visits to the house over the years and noted ongoing dereliction.

A letter in 2010 from the planning department to the solicitor requesting a “clean-up” was not acted upon, and the property was formally placed on the DSR in December 2012.

In the absence of meaningful progress on the removal of dereliction at either property, the council met the solicitor one final time in June 2017 but an agreement could not be reached. A notice to compulsorily acquire both premises was published in September 2017 and the moves were appealed to Bord Pleanála.

The same board inspector visited both houses on the same day in January 2018 and said there was no evidence of any substantive attempts to remove dereliction at either.

She referred to a rotten timber door and window frames, and plants growing out of the roof at the Lough View Terrace property, with extensive overgrowth of scrub, briar, bushes on the site, and a large mattress dumped in this area.

1 and 2 Evenus Villas on Albert Road which Cork City Council points to as a CPO success as work is finally underway on its renovation after it was declared derelict in 2016.

Its condition was in stark contrast to the well-kept nature of other buildings along the terrace, which is a ‘designated historic street character area’, she said. She found the Gould St premises vacant, dilapidated and in an extremely poor visual state with boarded-up windows and door.

In both cases, she said the houses were in a derelict, neglected, unsightly and objectionable condition, and the owners had not put forward any substantial reason why no remediation works were undertaken or could not be carried out.

She granted the application to compulsorily acquire both premises, bringing an end of a near 17-year saga. It was June 2018 before the properties were finally vested in the council fuelling hopes that the homes would be brought back into residential use.

But repairs or building work have yet to start on either property. The city council said following the approval of the CPO of the properties, they were reviewed to determine how best to remove the dereliction and redevelop them.

“It was considered that the properties should be used for social housing purposes but their development, as standard, would be subject to resources and funding.

“Unavoidable delays have been experienced as insufficient resources were available to progress the individual projects until the fourth quarter of 2021.

“A specific team has now been established within the Housing Capital Section to prioritise the refurbishment/redevelopment of these and other derelict properties." A spokesperson said refurbishment works are due to be carried out on 15 Lough View Road in the second quarter of this year.

In relation to Gould St, the spokesperson said: “It is proposed to provide new build housing on this site, which will be subject to a Part 8 Planning process. It is expected that works will commence on site in 2022.”