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MEETING OF ECONOMIC DEVELOPMENT SPC
Wednesday, September 29th, 2010
HEADED ITEM NO.3
Draft Taking in Charge Policy
HEADED ITEM: W.Purcell
Report:
Following the Working Group convened for the purpose of reviewing the draft taking in charge policy some changes are recommended to the policy document which in summary consist of the following;
- The word "Security" replaces "bond" where appropriate throughout the policy document. Security is the term used in legislation and may comprise of either a cash lodgement, or a bond.
- The phrase "Areas of general public utility" replaces "publicly accessible areas" throughout the document in line with statutory terminology in Section 11 of the Roads Act 1993.
- A timescale for the commencement of the statutory taking in charge process after final certification by the relevant Senior Engineer, is introduced page 12, point 6.3 as recommended by the Working Group.
- Following the commencement of the Planning and Development (Amendment) Act 2010 on 19th August 2010 a change has been made to Section 6.6 page 12 in relation to section 180 of same. Reference to "majority of owners or occupiers who are qualified electors" is replaced by "majority of the owners of the houses involved."
- Various additions and deletions have been made to technical matters in Appendix 05 - Standards, Codes and Requirements pages 18-20 on foot of contributions made at the Working Group, mainly to clarify obligations of the developer.
It is recommended that the attached policy which includes the above amendments be approved by this Committee and recommended to the Council for adoption.