COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, June 13, 2011

QUESTION NO. 1

QUESTION: Councillor C. Bond

To ask the Manager if Owners Management Companies in private residential estates can offer common areas for taking in charge that have already been transferred to the Owners Management Company when the developer has met the responsibility for completion and compliance as per their planning permission and if he would make a statement on the matter?

REPLY:

Section 180 of the Planning and Development Act 2000 (as amended) states that, in the case of a development that is completed satisfactorily and in compliance with the planning permission, either the person carrying out the development or the majority of the owners of the houses in the development may request the Council to initiate the procedures under Section 11 of the Roads Act 1993 (which in essence is the statutory taking in charge procedure). Therefore a Management Company would be required to either be respresentative of the developer or the owners to be in a position  to offer common areas for taking in charge.

The nature of “common areas” is also relevant. When the Council takes in charge a development which has been satisfactorily completed in compliance with the planning permission it takes in charge roads that are of general public utility which have been dedicated by the developer to be publicly accessible, including public lighting, as well as sewers, water mains, service connections, public open spaces and public car parks. Public open spaces or public car parks means such areas that the public have access to by right or permission.

If the areas being offered for taking in charge were not of general public utility or not publicly accessible the Council could not take them in charge.

Practically therefore, for example in multi-unit developments the Council could not therefore take in charge lift shafts, courtyard gardens accessible only by residents, or private car parks and in the case of standard residential development the Council could not take in charge gated developments as the roads would not be of general public utility/publicly accessible.