COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 14, 2022

QUESTION NO. 37

QUESTION: Councillor Eoin Ó Broin

To ask the Chief Executive for a list of instructions on how a plebiscite may be organised for a housing estate where the residents wish their estate to be taken in charge because the developer of the estate is either present but not active or is not present at all.

REPLY:

Taking in charge (TIC) is a formal legal process by which responsibility for certain public areas, structures and services in a private residential development or estate are transferred to, or put in the charge of, the local authority.

Section 180 of the Planning and Development Act 2000, as amended, provides for the TIC of estates either at the request of the developer or of the majority of owners / occupiers. 

The conventional manner for TIC estates is at the request of the developer. However, residents may request that an estate be taken in charge by way of a plebiscite (written ballot) of the majority of home owners  / occupiers, in accordance with Section 180 (3) of the Planning and Development Act 2000, as amended.    

Where such plebiscite / written ballot happens a Planning Authority must ascertain the wishes of the “qualified electors” in relation to the TIC request and progress TIC plebiscite n the following way:

• Petition /Plebiscite Form to be completed by owners / occupiers
• Forms submitted by owners / occupiers to the Planning Authority
• Planning Authority verify through Corporate Services the bona fides of the submitters as “qualified electors” – being registered to vote on the live Register of Electors.
• Where the majority of qualified elector approve, the Council can initiate the Taking In Charge procedures under Section 11 of the Roads Act, 1993.

Residents cannot progress a request for a plebiscite on Taking in Charge until :

• 4 years after the planning permission has expired. So, for example if planning permission was granted for a development in January 2015, the permission does not expire until 5 years has elapsed i.e.  January 2020.  Then 4 years are added, meaning that a plebiscite cannot be progressed until at least January 2024.
• Similarly, a plebiscite cannot be progressed after January 2024 if there is live planning enforcement pertaining to the development in question.

If the plebiscite criteria is met the Council would then initiate a formal TIC process 

It should also be noted that where Taking in Charge is processed under plebiscite, all services might not transfer to the local authority.