Legally the company who owned the site – their assets in 2003 were devolved to the State to the guise of the OPW. Technically the OPW own the site but are saying they are getting legal advice it. Cork City Council’s planning directorate placed the site on the derelict sites register in 2018 fining the OPW for not fixing the potholes in the road. The legal problems ramble on and needs to be sorted.
From Planning Directorate this afternoon:
“Councillor—
In response to your query about the Carpark at Avenue de Rennes—this site (Our Ref DSP 1852) was placed on the Derelict Sites Register in September 2018. You are correct that the OPW is listed as the owner/occupier on the Derelict Sites Register (see screen grab below). To explain:
· If you look at the Land Registry, you will see that it indicates that the site is owned by Morningford Ltd. However, during the course of our investigation, we determined that Morningford Ltd. (a limited company), dissolved in December 2003 (per the list of Registered Companies, such as available from the CRO or Solocheck).
· However, the company was not liquidated. It is our understanding that assets of such companies devolve to the State (Section 28 of the State Property Act, 1954). Such matters are handled by the OPW.
· We have discussed this matter with the OPW and they are investigating/seeking advice themselves. I understand that when assets devolve to the state under the process, it can be a lengthy process to address and resolve.
· Addressing this issue will be part of the steps needed for the revitalisation of Avenue de Rennes, and the site has been placed on the Derelict Sites Register accordingly.
I hope this is of assistance.
Kind regards”
