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Thread: Wicklow County Council Now Targeting Homeowners for Unpaid Development Levies!

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    Politics.ie Member damus's Avatar
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    Default Wicklow County Council Now Targeting Homeowners for Unpaid Development Levies!

    This really takes the biscuit....there's an article in todays SBP by Michelle Devane about how Wicklow County Council is pursuing homeowners for the payment of unpaid development levies that is owed to them by the developer. This move by WCC may have wider implications for other homeowners in similar estates around the country who may find themselves in a similar predicament if WCC are allowed to get away with this.

    And this is the reason why I am highlighting this - someone has to say enough is enough - and hopefully the information that I am putting out in the public domain will help these homeowners!

    Twenty-four homeowners have received letters of demand from WCC telling them that they will have to pay the unpaid development levies of between €2,300 to €4,803 for Brook Meadow estate in Avoca. The letter demanding payment within 10 weeks also "threatens" them with a fine of up to €13k or up to two years imprisonment for the criminal offence of non-payment .

    The firm behind the Brook Meadow Scheme, KJK Kilbride was dissolved last year after the directors of the company sought a voluntary strike-off from the CRO....now I'll come back to this particular point later. While there are 54 houses in the estate, only 24 homeowners have received letters demanding a total payment of €65,260.

    WCC told the SBP that the development levies were a charge on the property and not on the developer. Seemingly, WCC seems to think that homeowners have a contractual obligation to pay levies that are unpaid by a developer, which is odd considering the levies are attached to the planning permission which is sought by the developer not the homeowners. The warning letter seeking payment referred to how under "Condition 3" attached to planning permission that WCC was pursuing the developer for the unpaid levies, but that it was also obliged to pursue the property owner for the unpaid levies. Yet condition 3 actually states that "the developer shall pay" the sum of €1,200 per house - nothing about the homeowner actually being liable for the levy!

    So the first question is why are the letters demanding payment only being sent to 24 homeowners? Are the remaining properties in the development unsold, with the council expecting the 24 homeowners to pick up the tab for the 30 unsold properties? Perhaps the more interesting point is that WCC maintains that "it is normal practice when purchasing a house to hire professionals to check if there are any obligations pertaining to the property concerned. During such a process, these debts would be flagged at the time of the purchase". Well I am sure that WCC is also aware that it is also normal procedure as part of a voluntary strike off for the directors to seek a Revenue statement clarifying there are no obligations relating to the company seeking a strike-off. It is also normal procedure for a notice to be put in the newspapers notifying all interested parties that the company is seeking a strike-off.

    DID REVENUE GIVE THE STATEMENT STATING THAT KJK KILBRIDE WAS CLEAR OF ALL OBLIGATIONS, AND WHY DIDN'T THE MUPPETS IN WICKLOW COUNTY COUNCIL DO THEIR JOB AND OBJECT TO THE APPLICATION FOR A VOLUNTARY STRIKE-OFF WHEN THE NOTICE APPEARED IN THE NEWSPAPERS?

    110-News Story

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    If people paid for their houses then surely the development fee was part of the cost of the house. Surely it should be the developer that is responsible for the payment.

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    Politics.ie Member Hewson's Avatar
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    Quote Originally Posted by damus View Post
    This really takes the biscuit....there's an article in todays SBP by Michelle Devane about how Wicklow County Council is pursuing homeowners for the payment of unpaid development levies that is owed to them by the developer. This move by WCC may have wider implications for other homeowners in similar estates around the country who may find themselves in a similar predicament if WCC are allowed to get away with this.

    And this is the reason why I am highlighting this - someone has to say enough is enough - and hopefully the information that I am putting out in the public domain will help these homeowners!

    Twenty-four homeowners have received letters of demand from WCC telling them that they will have to pay the unpaid development levies of between €2,300 to €4,803 for Brook Meadow estate in Avoca. The letter demanding payment within 10 weeks also "threatens" them with a fine of up to €13k or up to two years imprisonment for the criminal offence of non-payment .

    The firm behind the Brook Meadow Scheme, KJK Kilbride was dissolved last year after the directors of the company sought a voluntary strike-off from the CRO....now I'll come back to this particular later. While there are 54 houses in the estate, only 24 homeowners have received letters demanding a total payment of €65,260.
    J
    WCC told the SBP that the development levies were a charge on the property and not on the developer. Seemingly, WCC seems to think that homeowners have a contractual obligation to pay levies that are unpaid by a developer which is odd considering the levies are attached to the planning permission which is sought by the developer not the homeowners. The warning letter seeking payment referred to how under "Condition 3" attached to planning permission that WCC was pursuing the developer for the unpaid levies but that it was also obliged to pursue the property owner for the unpaid levies. Yet condition 3 that is attached to planning permission in WCC actually states that "the developer shall pay" the sum of €1,200 per house - nothing about the homeowner actually being liable for the levy!

    So the first question is why are the letters demanding payment only being sent to 24 homeowners? Are the remaining properties in the development unsold, with the council expecting the 24 homeowners to pick up the tab for the 30 unsold properties? Perhaps the more interesting point is that WCC maintains that "it is normal practice when purchasing a house to hire professionals to check if there are any obligations pertaining to the property concerned. During such a process, these debts would be flagged at the time of the purchase". Well I am sure that WCC is also aware that it is also normal procedure as part of a voluntary strike off for the directors to seek a Revenue statement clarifying there are no obligations relating to the company seeking a strike-off. It is also normal procedure for a notice to be put in the newspapers notifying all interested parties that the company is seeking a strike-off.

    DID REVENUE GIVE THE STATEMENT STATING THAT KJK KILBRIDE WAS CLEAR OF ALL OBLIGATIONS, AND WHY DIDN'T THE MUPPETS IN WICKLOW COUNTY COUNCIL DO THEIR JOB AND OBJECT TO THE APPLICATION FOR A VOLUNTARY STRIKE-OFF WHEN THE NOTICE APPEARED IN THE NEWSPAPERS?

    110-News Story
    The homeowners in question should tell WCC exactly where to stuff their demand.

    Are the taxpayers of Ireland ready to get up off their butts and start biting back yet?
    Abortion is an act of violence. Violence demeans humanity, particularly violence against women and children.

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    Quote Originally Posted by damus View Post
    This really takes the biscuit....there's an article in todays SBP by Michelle Devane about how Wicklow County Council is pursuing homeowners for the payment of unpaid development levies that is owed to them by the developer. This move by WCC may have wider implications for other homeowners in similar estates around the country who may find themselves in a similar predicament if WCC are allowed to get away with this.

    And this is the reason why I am highlighting this - someone has to say enough is enough - and hopefully the information that I am putting out in the public domain will help these homeowners!

    Twenty-four homeowners have received letters of demand from WCC telling them that they will have to pay the unpaid development levies of between €2,300 to €4,803 for Brook Meadow estate in Avoca. The letter demanding payment within 10 weeks also "threatens" them with a fine of up to €13k or up to two years imprisonment for the criminal offence of non-payment .

    The firm behind the Brook Meadow Scheme, KJK Kilbride was dissolved last year after the directors of the company sought a voluntary strike-off from the CRO....now I'll come back to this particular point later. While there are 54 houses in the estate, only 24 homeowners have received letters demanding a total payment of €65,260.

    WCC told the SBP that the development levies were a charge on the property and not on the developer. Seemingly, WCC seems to think that homeowners have a contractual obligation to pay levies that are unpaid by a developer, which is odd considering the levies are attached to the planning permission which is sought by the developer not the homeowners. The warning letter seeking payment referred to how under "Condition 3" attached to planning permission that WCC was pursuing the developer for the unpaid levies, but that it was also obliged to pursue the property owner for the unpaid levies. Yet condition 3 actually states that "the developer shall pay" the sum of €1,200 per house - nothing about the homeowner actually being liable for the levy!

    So the first question is why are the letters demanding payment only being sent to 24 homeowners? Are the remaining properties in the development unsold, with the council expecting the 24 homeowners to pick up the tab for the 30 unsold properties? Perhaps the more interesting point is that WCC maintains that "it is normal practice when purchasing a house to hire professionals to check if there are any obligations pertaining to the property concerned. During such a process, these debts would be flagged at the time of the purchase". Well I am sure that WCC is also aware that it is also normal procedure as part of a voluntary strike off for the directors to seek a Revenue statement clarifying there are no obligations relating to the company seeking a strike-off. It is also normal procedure for a notice to be put in the newspapers notifying all interested parties that the company is seeking a strike-off.

    DID REVENUE GIVE THE STATEMENT STATING THAT KJK KILBRIDE WAS CLEAR OF ALL OBLIGATIONS, AND WHY DIDN'T THE MUPPETS IN WICKLOW COUNTY COUNCIL DO THEIR JOB AND OBJECT TO THE APPLICATION FOR A VOLUNTARY STRIKE-OFF WHEN THE NOTICE APPEARED IN THE NEWSPAPERS?

    110-News Story
    Soon laws will be in place to deduct the tax from social welfare and wages.

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    Politics.ie Member damus's Avatar
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    Quote Originally Posted by Hewson View Post
    The homeowners in question should tell WCC exactly where to stuff their demand.

    Are the taxpayers of Ireland ready to get up off their butts and start biting back yet?
    The homeowners should tell WCC to shove the letters demanding payment right up their h*le and if they receive any further threatening demands for a levy that they are not liable for they will have no other option but to look on it as harrassment and to seek the appropriate damages from the HC.

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    Politics.ie Member damus's Avatar
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    Quote Originally Posted by IbrahaimMohamad View Post
    Soon laws will be in place to deduct the tax from social welfare and wages.
    How - it's not legal! It's the developer who owes the development levies and if WCC were so concerned about the amount owing in unpaid levies why didn't they object to the application for a voluntary strike-off?

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    Quote Originally Posted by damus View Post
    How - it's not legal! It's the developer who owes the development levies and if WCC were so concerned about the amount owing in unpaid levies why didn't they object to the application for voluntary strike-off?
    Planning permission attaches to the land. Levies are part of the planning conditions. The development is completed when all conditions are complied with. If you buy the house before the development levies are paid you will assume responsibility for paying them.

    You need to ensure that when you buy property it complies with planning permission.

    You might be able to sue your solicitor!

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    I would post them back a copy of This...
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    Politics.ie Member damus's Avatar
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    Quote Originally Posted by IbrahaimMohamad View Post
    Planning permission attaches to the land. Levies are part of the planning conditions. The development is completed when all conditions are complied with. If you buy the house before the development levies are paid you will assume responsibility for paying them.

    You might be able to sue your solicitor!
    The levies attach to the planning permission and the planning permission is sought by the developer not the homeowner. Second condition 3 in WCC's own planning permission specifically states that the developer shall pay the sum of €1,200 per house - that's the exact wording of the contract between WCC and the developer. Like I said, WCC needs to take a look at their own behaviour re: their failure to act when the directors of KJK Kilbride made an application for a voluntary strike-off. All they had to do was object to the voluntary strike off because there were obligations still outstanding by the developer to WCC? They also need to familiarize themselves with contract law.

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    Quote Originally Posted by damus View Post
    The levies attach to the planning permission and the planning permission is sought by the developer not the homeowner. Second condition 3 in WCC's own planning permission specifically states that the developer shall pay the sum of €1,200 per house - that's the exact wording of the contract between WCC and the developer. Like I said, WCC needs to take a look at their own behaviour re: their failure to act when the directors of KJK Kilbride made an application for a voluntary strike-off. All they had to do was object to the voluntary strike off because there were obligations still outstanding by the developer to WCC? They also need to familiarize themselves with contract law.
    The Developer is the owner of the development until the development is completed. When you buy a property before it is completed you become the developer.

    The person who applies for planning permission is the "applicant".

    That is the law!

    Planning and Development Act, 2000, Section 151

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