COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, June 13, 2022
QUESTION NO. 27
QUESTION: Councillor F. Timmons
To ask the Chief Executive if taking in charge estates with green spaces is considered Council land? Report to explain what exactly taking in charge means ?
REPLY:
The term “Taking in Charge” means that the Local Authority assumes liability and responsibility for the roads, footpaths and public areas associated with a particular estate.
Legislative Background
Section 180 of the Planning and Development Act 2000(as amended) requires planning authorities to commence taking in charge procedures in relation to residential developments, finished or unfinished, where certain conditions have been met.
Roads which are taken in charge are declared public rooads under Section 11 of the Roads Act 1993.
Facilities to be taken in charge
A condition is imposed on all development proposals to be granted permission, that before any development commences that the applicant submit a plan for the agreement of the Planning Authority that clearly delineates the part of the approved development to be offered for taking in charge, and/or, in the case of development to be controlled by a management company, that part of the approved development.
South Dublin County Council's Taking in Charge policy involves taking control of the following services and public areas associated with a particular development:
- Public roads including footpaths, street trees; margins, street furniture, underground ducting and generally the area between opposite
- Unallocated surface parking areas provided no gate or barrier has been erected
- Public Lighting
- Water Mains including sluice valves, air valves and scour valves, hydrants, associated chambers, reservoirs, treatment plants, protection zones and other sundry items;
- Foul and storm water drainage (including manholes, or other sundry items), Wastewater treatment plants and associated buffer zones, attenuation systems and outfall pipes to existing
- Public open spaces;
- Playgrounds, where these are required by condition of a planning permission as facilities for public use (not for exclusive use of development subject of permission).
And so in summary, yes, when open / green spaces are taken in charge, that space becomes the resposnbility of the Council.