Dunfield developers ordered to clean up site

An enforcement order has been served on the owners of a controversial local building site by Derry City and Strabane District Council.

The site at Dunfield Terrace in the Waterside was the location of a large fire on June 21, 2022. 

According to the enforcement notice issued on Friday, the site’s owners have until December 15 to clear the site.

Speaking to Derry Now, Felicity McCall, who lives in Dunfield Terrace, directly facing the site, said it was the understanding of the local residents’ group this meant the remains of the fire debris and the perimeter fence, erected without planning permission, must now be removed from the site.

“The feeling of the Dunfield Residents’ Association is that we have all-party support from Derry City and Strabane District Council on this issue. We know it has been difficult for the council to take action because it might  become a legal matter,” said Felicity.

“Councillors have been doing their best to engage with the developers. However, from the personal meetings we have had with different elected representatives, we know the developers have proven very difficult to engage with.

“We understand the enforcement order means, if the remains of the fire debris and the perimeter fence, which was put up without planning permission, are not removed by December 15, the council has a right, I presume, to go to court and fine the developers.

“More importantly, from our point of view, the council would then be able to employ a contractor or clear the site itself and bill the developers.

“This would be another significant step towards the city having its iconic viewing point restored. At the minute it is completely obscured and it looks like a rubbish tip,” said Felicity.

Felicity described the site as having a “wobbly wall with about three big cracks in it, looming over Moore Street”.

She added: “There is a  lot of burnt out jagged material  still sitting there. I know the council has been trying to get the developers to give a guarantee that they would come and clear the site, but they would not.

“Another thing we had complained about was the massive amount of illegal dumping down at the back of our street in the entryway. The developers illegally blocked it off.

“For the past few years, the people of Moore Street have had no access to their back doors because the developer took over the right of way back-return and blocked it off. If residents wanted their bins emptied, they had to pull them through the house and put them out the front door. 

“A lot of these houses also had oil fired central heating. However, the oil companies could not deliver to them because, as a result of the actions of the fevelopers, the only way they could get in was by climbing a seven foot high, illegal fence. Some of them would have done it because they were awfully good but the oil companies instructed them not to because it was too dangerous. So people had awful bother getting oil. They would be buying a wee bit at a time and bringing it in through the front door,” said Felicity.

Since the June fire, the blocked area at Dunfield Terrace began to get used as an illegal dump.

Felicity said: “Everything was dumped, from old electrical equipment, washing machines, food refuse, black bin bags, everything. It was a health hazard and an eyesore. Council did move when the developers still did not do anything. Council came in and cleared it. Thankfully the area has now been kept open and clean so residents have their access back. 

“We still have that wall, which is ready to fall down, metal wreckage and the perimeter fence the developers put up without planning permission. It is actually double the height which would have been allowed had it had planning permission. 

“A few boards have fallen off it and the Fire Service have had to take a couple of others away. This means the site is completely accessible. It is not secure, making it even more dangerous. We know anyone who goes on to the site is guilty of trespass but it is still open and people will use it as a shortcut. It is dangerous. As we understand it, the enforcement order also relates to the fence.

“In the long term, there is still the issue of illegal foundations for the second block, which was never built. The foundations were laid in the wrong place, without planning permission. There is a great deal of unsightly builders' rubble and scrap metal. Council has no right apparently to enforce the removal of that because it is on private property.”
Felicity said residents would want the site cleared up as soon as possible.

“We understand it is on the market. There have been many attempts to sell it. They have all been unsuccessful. It was previously put forward for sale by public auction and at the last minute the developers withdrew it. Interestingly, it was also advertised for sale without planning permission. 

“Our understanding is that  if anyone was to buy it, they would have to start all over again. They would have to clear the site to comply with the original planning permission, which was granted but not compiled with.

“This would require a huge amount of infrastructural investment from a buyer, everything from putting in some sort of netting to secure the site against landslide: to building proper drainage out to Spencer Road skewers; to supplying adequate access and car parking. 

“At the time this was priced at 1.1 million pounds before you even put a brick in. Also, if that meant going before council to get planning permission renewed, the council has indicated it would not wish to grant this. 

“Council was  opposed to this development  in the first place. Planning permission was  approved by the old DOE as one of its last acts.”