Derelict levy waiver sparks debate over enforcement measures

A decision to waive an €85,800 derelict sites levy on a site at Patrick Street in Mullingar prompted a robust exchange between Cllr Mick Dollard and the executive at the February meeting of Westmeath County Council.

Raising the matter under Chief Executive’s Orders, Cllr Dollard said he was “somewhat taken aback” to see that a substantial levy had been waived on properties he knew well.

“We’re trying to encourage people to move on them,” he said, arguing that where a site has been derelict for a number of years, the council need to ensure they secure the levy.

Otherwise, he warned, the authority risks being seen as “toothless tigers”.

Director of services Deirdre Reilly confirmed that an application had been received from the property owner seeking a waiver. She said the district manager assessed the request and offered to provide the detailed background to Cllr Dollard outside the meeting.

Council chief executive Barry Kehoe said the council’s primary objective under derelict sites legislation is to bring properties back into use.

“Our approach… is that our primary objective is to get the properties back into use, and we employ a number of tactics in order to do that,” he said.

He explained that in some cases the council acquire derelict sites, particularly where owners are not in a position to act.

In other cases, levies are applied and collected – however, he noted that many levies are written off each year in the budget process.

Mr Kehoe said the council frequently enter into agreements with owners whereby, if the property is rendered non-derelict and brought back into use, a portion of the levy may be waived.

“It’s a judgment call… and we do it in a very judged way, a careful way, in order to achieve the end of dereliction,” he said, adding that such decisions are made to secure practical outcomes.

Cllr Dollard pointed to a previous case on Patrick Street, recalling when the council successfully pursued a substantial levy on the former Horizon dance hall site – now the location of a Lidl store – arguing that strong enforcement had delivered positive results.

“If we have powers, we should fully use those particular powers, because otherwise it sends a very wrong message to people who might be sitting on other derelict sites,” he said.

Mr Kehoe responded that the councillor’s point was well made, but said that on occasion flexibility is required to “move a property on”, noting that waivers generally involve only a portion of the levy.

Vacant property refurbishment

At the same meeting, Cllr Vinny McCormack and Cllr Niall Gaffney asked whether the council was proactively engaging with owners of derelict buildings under the expanded Buy and Renew and Vacant Property Refurbishment schemes.

They suggested councillors could assist by identifying suitable buildings in towns and villages.

Director of housing Jackie Finney said a cross-departmental steering group is examining vacancy and dereliction issues, with close collaboration between housing and regeneration teams.

She confirmed that public workshops have been held to inform property owners about available grants and supports.

Approximately 343 vacant property applications are either approved or in the pipeline, members were told.

Councillors also sought clarity on what budget will be available in 2026 to acquire town-centre properties directly, particularly those that could deliver social or age-friendly housing in key locations.

Enforcement

Planning enforcement was also discussed, and councillors acknowledged visible improvements in follow-up and case management.

Cllr McCormack and Cllr David Jones welcomed what they described as more proactive enforcement activity.

Director of services Jean Ryan thanked the enforcement team and confirmed that the council are seeking sanction to recruit additional enforcement officers.

However, Cllr Denis Leonard questioned why no prosecutions or convictions had been recorded and asked what percentage of complaints received proceed to legal action.

Ms Ryan said significant effort is made to secure compliance before resorting to costly and lengthy court proceedings, stressing that voluntary compliance is often the most efficient outcome.

She undertook to provide percentage figures to members.

Councillors also called for pre-planning meeting statistics to be included in future reports and suggested holding a question-and-answer session between elected members and the planning department to improve understanding of procedures and reduce avoidable refusals.