COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, September 10, 2012

QUESTION NO. 10

QUESTION: Councillor J. Hannon

To ask the Manager if there is any provision whereby a residential development controlled by a management company may be taken in charge by the Council, following a request by residents and/or the management company?

REPLY:

Section 180 (as amended) of the Planning and Decelopment Act sets out the procedure envisaged in the question and states (inter alia):

Where a development for which permission is granted under section 34 or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, watermains or drains, and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3), by the majority of the owners of the houses involved, as soon as may be, initiate the procedures under section 11 of the Roads Act, 1993 .

In general terms,in order for the provisions of Section 180 to be carried out, the holding of a plebiscite to ascertain the views of the majority of the owners of the houses involved in the development, is required. On receipt of a request for services to be taken in charge the Council would arrange such a plebiscite. The Council therefore cannot initiate this process, it must emanate from the owners of the units in question, possibly initially in the form of a petition.

The Council has not operated this procedure under Section 180 of the Planning and Development Act 2000 (as amended by the Planning and Development (Amendment) Act, 2010) and therefore there is a need to clarify the practical implications of how the matter might proceed.

For example the amended Section 180 states that the plebiscite must involve the owners of the houses involved. The Council would therefore require owners participating in the plebiscite to provide documentary proof of their ownership of the home. Under the previous Section 180 the provisions of said section could be operated following a plebiscite from the majority of qualified electors. This matter was easier to verify with reference to the electoral register.

In addition, there are more significant concerns that arise in the context of utilizing Section 180 in terms of the potential existance of a management company, completion to TIC standards, compliance with conditions of planning etc.