THE HIGH Court has ordered that 198 apartments in Clondalkin, Dublin, must be evacuated in three weeks’ time if a proper fire safety regime is not in place by then.
The President of the High Court, Mr Justice Nicholas Kearns, said there had been a “clear unwillingness” and “foot-dragging” by the owners of Aras Na Cluaine, Yellow Meadows Road, in facing up to problems at the complex brought to their attention more than a year ago.
The complex was built by Coalport Building Company, whose directors include developer Thomas McFeely.
Dublin City Council had brought proceedings over the alleged failure to make the complex safe against Mr McFeely and another developer, Laurence O’Mahony, as co-owners of the buildings and against the Aras Na Cluaine Management.
The council sought an order prohibiting occupation of the buildings, comprising three blocks of five- and seven-storey apartments, until a proper fire safety regime is in place. There had been “serial failure” to comply with fire safety requirements, Conleth Bradley SC, for the council, said.
Martin Hayden SC, for Mr McFeely and Mr O’Mahony, told the court yesterday most of the works required to meet fire safety regulations will be in place within a week. Another issue related to automatic switches for air dispersal vents would take at least another week to address, counsel said.
Mr Justice Kearns said it was “a massive understatement” for Mr Hayden to say things “did not look good” for his clients. There seemed to be “endless foot dragging and a unwillingness to face up the serious problems”, he said.
Given counsel had said the problems could be addressed in two weeks, the judge said he would grant the order sought but would give a total of three weeks for the works to be done. He added he realised his order could mean all the people living in the apartments would have to be evacuated.
The council had sought immediate prohibition of occupation of the ground and first floor blocks until a certified fire detection and alarm system is in place. It also asked that the remaining floors not be occupied until emergency lighting, signage and fire door assemblies – which prevent the spread of smoke – are repaired.