HOMEWOWNER SOLICITOR

Transcription

1 Tim Clifford, Munster Environmental, Case Study: Case Study on Installation, Design and Certification HS HOMEWOWNER SOLICITOR OUR CLIENT: Nigel Quaid, Wexford. THE SITE: LAND AT Screen, Ballyheige, Co. Wexford We act for the above named client relating to his claim against Billy Bros. Builders (Enniscorthy) Limited (Company number: 1111) (the Company ) for works carried out by the Company at the site 1. PLANNING PERMISSION On 10 December 2000, and as amended by revised documentation on 1 February 2000 and 17 July 2001, our client was granted outline permission by Wexford County Council for the development of a dwelling and garage at Screen, Ballyheige, Co. Wexford, (the Planning Permission Notification ) subject to the conditions of Planning Regulations No: 00/0000 (the Conditions ) (enclosed at Schedule 1 to this letter) Our Client subsequently engaged the Company to carry out the works on the site in October 2004, i.e. to develop the dwelling and garage in accordance with the Planning Permission Notification and the Conditions (the Works ). As a result of the Works carried out by the Company, our Client has had on going problems with the waste water treatment and drainage system ( WWTS ), as set out below. 2. THE WWTS As set out in the Planning Permission Notification and Conditions, specifically condition 8 of the Conditions: The proposed septic tank drainage system shall be designed, constructed, laid out and maintained in accordance with the provisions of S.R.6 (1991) NSAI Standard Recommendation for Septic Tank Systems of which [ there are certain] principle requirements. The principal requirements are listed in Schedule 1 to this letter. Our Client provided the Company with a copy of the Planning Permission Notification and Conditions and the Company subsequently proceeded to install the WWTS in April 2005 with the help of the subcontractor Groundwork Planthire, Enniscorthy, County Wexford.

2 INITIAL PROBLEMS WITH THE WWTS In April 2016, our client s next door neighbors, Mr Paddy O'Malley and his daughter Mary, noticed some drainage issues on their site (the Adjacent Site ) which, upon investigation, were being caused by the WWTS installed by the Company on our Client s site. A Large area of the Adjacent Site was flooded with sewage water and there were exposed open drain. Our client subsequently called upon the Company to rectify the issues. SUBSEQUENT PROBLEMS WITH THE WWTS The Company, attended the site in April 2012 and using a mini dagger, re dug the trench by the ditch of the Property. The ditch is along the boundary of our client s site and the Adjacent Site. Pipes were laid from our Client s Site through the ditch/ this led to the overflow of foul effluent discharging from a pipe into the Adjacent Site (Photographs enclosed at Schedule 2). At the end of 2016, our client contacted you to make you aware of the ongoing problem however you stated that there was nothing more than you could do to rectify the issue. Not only has this caused significant stress for our client but also for the O'Malley family. Mr O'Malley has provided us with a letter evidencing the issues which arose on the Adjacent Site as a result of the work that the Company carried out on the Site in August The area is a safety hazard and requires attention as soon as possible. The topsoil and trees nearest the area on the Adjacent Site are contaminated due to the amount of black water and, as there is no soakaway, the black water runs onto the public road. They are forced to avoid their garden and Ms O'Malley Cannot allows her seven Yearold son to play in the garden as it is too much of a safety hazard. He recently fell into the area whilst playing and this caused significant stress for Ms O'Malley. We understand Mr O'Malley has been to see you twice to try to get the issue resolved however nothing has been done. 3. THE REPORT On 27 April 2017, at the request of our client, Richard Flynn (Company Number: 1111) ( Flynn ) attended the Site to carry out a visual inspection the Site and the WWTS. Flynn subsequently produced a report identifying the issues at the Site relating to the WWTS (the Report ) (Enclosed at Schedule 3). Flynn could not determine if there was any percolation area or soakaway located beyond the septic tank as it is completely sub surface with no distribution box or vent pipe (s) for inspection and rodding.

3 ISSUES: The two major issues identified in the Report include: 1. failure of the constructed percolation area (if any) to discharge water to the groundwater as it is supposed to and 2. The overflowing of foul effluent from his wastewater treatment system into the adjacent property where it ponds at surface level.* *The overflowing effluent is discharging from a pipe installed by [the Company] in or around April 2012 (according to our client s records ) to alleviate ponding issues on Mr. Quaid Site. The Report outlined several other issues which need to be addresses. These are as follows: 1. Incorrect type of septic tank, single chamber in place instead of a double chamber tank with baffle wall as per the regulations; 2. Incorrect construction of the percolation area ( again, if any) i.e. no distribution box or vent pipes for inspection /rodding purposes; 3. With regard to the waste water treatment system, planning permission was granted for that which was not constructed. The Report concludes that the apparent reason for the on going issues at the site are: a. That the WWTS on the Site is not constructed in accordance with the details submitted to Wexford County Council as part of a Planning application and upon which planning permission was subsequently granted ( condition 8 of the Conditions), i.e. there appears to be no percolation area following the septic tank; and b. That the septic tank which was installed is not complaint with SR6 (1991) NSAI Standard for septic tank systems (Conditions 8 of the Conditions). 4. QUOTATION On page 7 of the Report, Flynn sets out the work that needs to be carried out in order to rectify the issues on the Site. On 18 August 2017, our client obtained a quote (enclosed at Schedule 4) from Flynn for the work, which states that the cost of: a. Supervising the installation of a new wastewater treatment system ( the New W.W.T.S ), to be constructed in accordance with the Conditions and Environment Protection Agency Guideline would depend on the percolation results, but could cost between plus VAT and 1, plus VAT; and b. The New W.W.T.S could cost between 5, and 14, plus VAT. This is depend on the Percolation results, how slow the water is to percolate and how high the water table is.

4 CONCLUSION Our client has taken reasonable steps to mitigate his losses and he now requests that you attend the Site at your earliest convenience in order to rectify the issues as identified in the Report. NEXT STEPS You are required to acknowledge receipt of this letter within 14 days of receipt, namely by 29 th January You are further required to provide to our client a letter of response within 28 days of receipt of this letter, namely by 12 February 2018, acknowledging the issues presented in this letter and confirming that you will attend the Site in order to rectify the issues on a specified date. Should we not hear from you by return within the time allowed, we have instructions to immediately issue and/or serve proceedings against you without further notice to you. This letter will be used for the purposes of attaching to you any costs which may be incurred should this course of action prove necessary. We respectfully suggest that you seek the advises of your solicitor in respect of this matter. Yours faithfully Home Owner Solicitors

5 Richard Flynn Engineering & SiteAssessments Contents 1.0 Introduction Drainage Details Sewers & W.W.T.S Details of Survey Details of issues with W.W.T.S Conclusion & Recommendations Appendices 8 Appendix A Particulars from Planning Reg. No. 00/

6 Introduction At the request of Nigel Quaid, Richard Flynn visited his property on 27 th April The purpose of this visit was to carry out an inspection (Visual only) of the existing on site wastewater treatment system, with which, he has been having on going problems over the last number of years. Prior to the aforementioned on site inspection, this office advised Mr. Quaid to retrieve copies of any pertinent plans & particulars from the relevant planning file for this development, planning Reg. No. 00/0000. This report will outline the details of the current wastewater treatment system etc. as seen on site, summarize the extent of this offices inspection, examine the issues that the wastewater treatment system continues to have and present a conclusion along with recommendations for remedial works to be carried out.

7 Drainage Details Sewers& W.W.T.S The Drainage network serving this dwelling comprises of two elements 1. Foul Water Sewer and 2. Surface (Rain) water Sewer The Foul sewer and waterwaste treatment system comprise of 100 mm Pipe taking effluent by gravity flow from the dwelling house to what looks to be a single chamber (figure of 8 style) pre cast concrete septic tank. A long the foul pipe [network] between the dwelling building and the tank there are 5 No. A.J. s (Access junctions), with a large inspection lid/manhole (sitting on two courses of block wok risers) atop the tank and a single A.J following it. It is unclear as to what the septic tank is discharging into, as the outlet pipe from it is only visible up to the aforementioned single A.J. and no further. The next time any pipework is visible is at the shared boundary ditch where it overflows into the adjacent property. If any percolation area or soakaway is present in the lawn following after the tank, it is not possible to determine its size or location as it is completely sub surface with no distribution box or vent pipe(s) for inspection and rodding. The surface water sewer on site takes the rainwater from the roof of the dwelling through a couple of 100 mm Pipes and discharges it at two points along the shared eastern boundary (as made aware to this office by the owner of the adjacent property). Details of Survey The Office s on site inspection took place on Thursday 27 th April 2017, between the hours of 1.00pm and 2.30pm. The weather conditions at the time were dry and slightly overcast. During the course of the inspection all A.J. s on site was well as the lid of the septic tank were opened and examined. Water was flushed through the 100mm sewer pipes and A. J. s to check the flow of water/effluent. There was no sign of any blockages anywhere along the length of the foul sewer, however, it was noted that there was a constant light trickle of water flowing into and out of the tank. Given this finding, all rainwater gulleys around the dwelling hose were checked i.e. buckets of water poured through them to see if the water from the roof was flowing into the foul sewer system. It was determined that no surface rain water is flowing into the foul sewer and as stated above this water is taken via pipework to discharge points along the eastern boundary.

8 Details of issues with the W.W.T.S There are several issues with the foul sewer and wastewater treatment system serving this property that have been ongoing since its construction or thereabouts. After talking with Nigel Quaid and from what was seen during this offices site visit, these issues appear to be as follows; Failure of the constructed percolation area (if any) to discharge water to the groundwater as it is supposed too. The over flowing of fouleffluent from this wastewater treatment system into the adjacent property where it ponds at surface level. * *The overflowing effluent is discharging from a pipe installed by Mr. Quaids builder in or around April 2012 according to our clients records to alleviate ponding issues on his site. Further to the two major issues outlined above, there are several other issues regarding the W.W.T.S, which need to be addressed as some of these may be contributing to the larger problems. These are as follows; Incorrect type of septic tank, single chamber in place instead of a double chamber tank with baffle wall as per regulations. Incorrect construction of the percolation area (again, if any) i.e. no distribution box or vent pipes for inspection / rodding purposes. It would be this offices opinion that with regard to the W.W.T.S, that what was granted planning permission was not constructed.

9 Conclusion & Recommendations From visiting the property and inspecting the foul sewer & wastewater treatment system as well as studying the findings from the particulars retrieved from the Planning Department of Wexford County Council, it is the opinion of this office that the following are the reasons for the on going issues with the system and our explanation for same outlined thereafter; That the waterwaste treatment system on site is not constructed in accordance i.e. with the details submitted to Wexford County Council as part of a Planning application and upon which planning permission was subsequently granted ( condition 8) no percolation area following the septic tank Nor is the septic tank which was installed complaint with SR6 (1991) NSAI Standards for septic tank systems, again as per Condition 8 of Planning Reg. No: 00/0000. The following are the recommendations of this office for works to be carried out in order to provide a fully functioning on site wastewater treatment system to serve this property and stop effluent from flowing into the adjacent property. A new Site Characterisation Test should be carried out by a suitably qualified person with Nigel Quaids landholding and a new appropriate W.W.T.S. designed. Planning permission should be sought to construct the new system. The new wastewater treatment should be constructed in accordance with Planning permission, EPA Guidelines and any other pertinent documents. It should be supervised and signed off on by a suitably qualified person with professional indemnity insurance. Finally the existing treatment unit should be emptied and decommissioned. The soil and pipe work from existing percolation area should be excavated and removed from site by a propertylicensed contractor who can dispose of such material.

10 Condition No.8 Condition No.13 A Site Suitability assessment in respect of the proposed effluent treatment system shall be submitted to the Planning Authority with documentation for approval

11 Wexford site in Wexford File 00/000