Tragic Mallow case 'proves local authorities need more powers to tackle dereliction'

Mon, 30 Oct, 2023 - 02:00

Eoin English

The man who first raised official concerns about a derelict house in which the remains of a man lay undiscovered for 22 years says the tragic cases proves that local authorities need more legal powers and financial firepower to tackle dereliction.

Cork county councillor John Paul O’Shea welcomed the comments of coroner for North Cork, Michael Kennedy, who said he plans to bring to the attention of the relevant government minister the issues raised by last week’s inquest into the tragic death of Tim O’Sullivan, 61, at 9 Beecher St, Mallow, Co Cork, in January 2001, but whose remains weren’t found until last January — 22 years later.

Mr O’Shea also said he awaits with interest the outcome of a Department of Housing and Local Government working group which has been reviewing the derelict sites laws and processes since 2021. It is due to report soon.

He said while there have been some improvements to the derelict sites and compulsory purchase order (CPO) system in recent years, including some increased funding and a new process which allows local authorities to apply for a CPO directly to An Bord Pleanála, local authorities need more legal powers and much more funding to tackle the issue faster.

Cork County Council staff members John O'Dell and Paul O'Donoughue arriving at the Coroner's Court last week. They had made the grim discovery of Tim O’Sullivan's remains at the house in Mallow, Co Cork. Picture: Denis Boyle

“The derelict sites legislation is archaic, to be honest,” Mr O’Shea said.

The inquest into Mr O’Sullivan’s death heard how Mr O’Shea emailed local county council officials on December 28, 2014 expressing concerns about a broken window at 9 Beecher St and asked if ownership of the property could be established.

Cork County Council said ownership could not be established and that by January 21, 2015, it had boarded up all the windows and the letter box.

The staff who boarded it up had no reason or authority to enter it at the time, the inquest was told.

Following ongoing complaints from neighbours about vermin infestation, the council planned a clearance of the rear yard but when the site was inspected, lack of access to the rear prevented the work from being carried out.

More complaints about vermin were made and the council decided to make a forced entry to the house to allow a pest control firm access the property. The council alerted gardaí to the plan.

It was only then, last January, when council workers forced open the door, that Mr O’Sullivan’s skeletal remains were found in a bed inside the abandoned house.

The remains were identified using dental records. Documents found in the house allowed gardaí to narrow down the time of death to sometime in January 2001.

Such was the advanced state of decomposition, the cause of death could not be established but foul play was ruled out. It’s believed Mr O’Sullivan died peacefully in bed.

Mr O’Shea, who had been working on this issue before his formal written complaint to council officials, said this tragic case, while thankfully rare, highlights the complexities involved in addressing dereliction, and the individual and often tragic human stories behind each case.

A bouquet of flowers at 9, Beecher St, Mallow, Co Cork on Sunday January 15, 2023, a few days after human remains were found in the house. It was later determined through dental records that the remains were those of Tim O'Sullivan. Picture: Larry Cummins

“All we knew was that this man was called Tim, and that he may have had a mental health difficulty, which the family said was not true,” he said.

Mr O’Shea made extensive local enquiries in a bid to trace the owner of the house before he formally raised the broken window as an issue with council officials.

“Neighbours could see vermin inside the house, the people next door only knew his first name, and the property wasn’t registered,” he said.

“We went to great lengths to try to find him, including exploring rumours that the house had been bought by a group which helps house ex-pats moving back to Ireland.

“We did our best to try and find him, but we hit a dead end every time.” He said the fact that it was private property prevented council officials from entering until it decided to use derelict sites and CPO legislation.

Power of entry

It is understood that one of the areas the departmental working group has been examining is the issue of power of entry.

It relates to the timing of “the vesting” — or the formal transfer of ownership of a derelict property, which is still technically private property — to a local authority.

Apart from situations where derelict buildings pose a public health or public safety risk, local authorities are precluded from entering a derelict property until after a CPO has been confirmed.

Family's heartbreak over death of man whose body lay in Mallow house for 20 years

“So we have a situation where a local authority setting out to CPO, or effectively buy a derelict building, may not be able to get inside to see what it’s buying until after it’s embarked on the CPO process,” an informed source said.

“It’s like going out to buy a car and not being allowed to sit in it or even open the bonnet to check the engine.” It is only after derelict properties are vested with local authorities that they can legally gain entry and conduct internal checks.

“It’s like buying a pig in a poke,” the source said.

Legislative impediments

Mr O’Shea said this, and other legislative handicaps must be looked at by the review group to make it easier for local authorities to address enduring dereliction.

But he said new laws without adequate funding to acquire such sites will be useless.

The Government has increased the amount of money available to local authorities to tackle dereliction and more is expected under a new round of urban regeneration funding, which is due to be announced soon.

Cork County Council was asked about its handling of this case and said while it does not comment on individual cases, it always tries to balance the rights of property owners with its statutory responsibility under the Derelict Sites Act.

“Cork County Council will continue to follow the statutory process as set out including any future amendments that may be enacted through legislative changes,” it said.

The council has surveyed 2,722 vacant properties countywide and is now carrying out further assessments on those that are considered to meet the legal definition of a derelict site under the Derelict Sites Act 1990.

“Ascertaining the reasons for apparent vacancy and dereliction is a complex and sensitive process,” the council said.

“As part of this process, efforts are made to identify and locate owners within a very clear statutory process that must be followed in terms of serving legal notices under the Act.

“When owners are located, Cork County Council works actively with them to bring the property into use.”

Tim O'Sullivan's remains lay undiscovered in a derelict house

September 29, 1939: Tim O’Sullivan is born in Caherciveen, Co Kerry, the first of Michael and Molly O’Sullivan’s five children. The family emigrate to the UK a short time after his birth. He visits relatives in Kerry regularly as a child but spends most of his adult life in the UK. His siblings were all born in the UK — Noreen, who now lives in Australia, a brother, Pat, who lives in Monaghan, Denis, who is deceased, and Maureen, who lives in Caherciveen.

He marries a Barbara Johnston, from London.

January 1990: Tim’s mother dies and he and his wife move back to Ireland a short time later. The marriage breaks down and Ms Johnston moves back to England.

Tim's sister Maureen says she wrote to Tim regularly at 9 Beecher St, and that he replied. She says the letter writing stopped about two or three years after the death of their mother. She says she presumed he had gone back to England.

October 4, 2000: Mr O’Sullivan begins claiming job seeker’s allowance.

January 9, 2001: Mr O’Sullivan writes in his diary: “Going to Tesco today, first time.” A receipt for that shopping trip is found in the house by gardaí 22 years later.

January 23, 2001: His job seeker’s allowance claim is terminated following the non-collection of three successive claims

January 2001: Some time between January 9 and January 23, Mr O’Sullivan dies alone lying in bed in the house. He was 61. It will be another 22 years before his remains are discovered.

Noreen says she and her husband always got a Christmas card in Australia from Tim but never got one in 2002.

July 2003: Noreen and her husband arrive in Ireland to visit relatives. They knock on the door of 9 Beecher St and get no answer. They say it looks like nobody had been living there for a while. They check with locals and talk to gardaí and are told everyone believes Tim has returned to the UK. No-one else calls to the house to check. He is not reported missing.

December 28, 2014: Cork county councillor, John Paul O’Shea, emails council officials about a broken window at 9 Beecher St, which has been apparently abandoned for some time, and asks if ownership of the property can be established. Officials say it isn’t registered and ownership can’t be established. At that time, they needed to identify an owner to serve notice in relation to derelict site proceedings.

January 21, 2015: The council says the windows and letter box of the house have been boarded up. A council official says the workers sent to do the work didn’t have reason or authority to enter private property.

Complaints about vermin and rodents continue over the coming years and plans to clear the rear of the property are abandoned because of lack of access.

2022: The council embarks on the derelict sites process. It continues title registration searches and attaches an appeal notice to the property seeking anyone with an interest in the property to come forward. No-one does. It attaches a statutory notice to the front door — the first steps towards a compulsory purchase order and the property is formally entered on the county's derelict sites register before the end of the year.

January 13, 2023: Council workers are sent to change the locks to allow pest control in. They make the grim discovery of human remains in the bed.

The ownership and future of the property, which is still registered as derelict, is unclear.

Family of man who lay dead inside Mallow house for 22 years call for review of derelict sites laws