Push for change in bond rules blocking public lighting in Leitrim estates

The issue of bond claims preventing the Council from installing lighting in estates not yet taken in charge has been a major point of contention.

Bond claims justify the stance of insurance companies, and an estate is only taken in charge once a bond claim is settled.

If Leitrim County Council were to install lights in an estate that was still under a bond claim, it would be perceived as taking the estate in charge. In that case, the insurance company would not honour the bond, as it expires once the estate is taken in charge.

This is a process that has been decided by the courts.

Cllr Cormac Flynn, proposed a motion for the Council in cooperation with insurers, bond companies, and other involved parties to initiate discussions on removing clauses in bond claims that prevent the Council from providing public lighting in unfinished estates.

In his motion, Cllr Flynn emphasised that providing light bulbs for existing poles, on basic health and safety grounds, should not be interpreted as the Council taking an estate in charge, nor should it make the Council liable for any claims, liabilities or settlements involving the bond company.

“Communities are being held to ransom by bond companies, insurance and solicitors,” said Cllr Flynn.

“Residents are basically collateral damage in a game of cat and mouse between the bond companies and solicitors.”

He highlighted the unfairness of families having to search for their children in dark estates using flash lamps due to a lack of lighting.

Storm Éowyn may cost Leitrim ‘millions’: Councillor seeks Government aid

Cllr Maeve Reynolds proposed a motion seeking an emergency financial package from the Government to aid the Council’s recovery efforts following Storm Éowyn.

“We need to get it in writing that Leitrim County Council providing bulbs are not taking over the estate and are not liable for anything else happening in the estate.”

Cllr Sean McGowan and Cllr Des Guckian supported the motion.

“It’s ridiculous that small communities should be without lighting at this time of year and in this age that we’re in,” commented Cllr Guckian.

Councillors of Carrick-on-Shannon municipal district were informed that this issue is not simply within the control of the local authority - it is a legal matter determined by the courts.

As a result, the Council cannot expose itself to public liability claims in estates where the developer remains responsible.

Additionally, as some of the land is private property, entering them requires the landowners consent, making the situation more complex.

Cllr Flynn acknowledged the response but argued “bad legislation is worse than no legislation.”

Martin Donnelly from the Planning department clarified, “It’s nothing to do with the bond company, insurance or solicitors; it is a matter of courts.

“It doesn’t matter who we talk to in terms of bond companies, it is the sole discretion of a judge sitting in a circuit court or high court.”

As a result Mary Quinn, Director of Services for Housing, Corporate Services, Community and Cultural Services suggested writing to the relevant Department to highlight that there is an issue of concern. 

Cllr Guckian suggested also forwarding it to the Government Chief Whip.

READ MORE: 'A kind and jovial man': Tributes pour in for Leitrim priest following his passing