COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, February 08, 2016

MOTION NO.8

MOTION: Councillor C. O'Connor

That the Chief Executive confirms that developments undertaken by this Council under its planning powers do not require to be taken in charge by resolution of this Council and that the responsibility for the maintenance and upkeep of the public areas within these developments is always and remains the responsibility of this Council and in replying will he confirm that there are no difficulties that he is aware of in any of these developments with the carrying out of the normal routine maintenance works by Council personnel and will he also confirm that all departments and sections of the Council are fully aware of their responsibilities in this regard and will he ensure that recent media reports which cast some doubt on this position are clarified for the benefit of all the residents of the County who live in such developments.

REPORT:

When a development is undertaken by the Council directly, or on behalf of the Council (e.g. Constructed by a Contractor employed by the Council) then the public areas of the development, e.g. roads/footpaths/green spaces/drainage pipes etc. are automatically deemed to be in charge of the Council under legislation contained in the Roads Act. 

This is subject to the normal contractual requirements concerning satisfactory completion of works, defects correction and maintenance periods being fulfiled etc.

Where a development has been constructed or provided in a joint venture or other contractual method, the mechanisms for taking in charge or maintenance of these developments is determined by the Contract Type involved.