COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, September 11, 2023
QUESTION NO. 47
QUESTION: Councillor F. Timmons
To ask the Chief Executive to explain the Taking In Charge process and what happens if a builder doesn't comply?
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.
A newly constructed development is offered for public ownership by a developer. This is usually done to recover the bond levied at planning stage. The developments infrastructure is checked to ensure it has been constructed to a specific standard and that all planning conditions have been met. Once all the checks have been completed the development goes through a public consultation and is taken in charge by the local authority. This is a Reserved Function.
Sometimes a developer will leave the development in the ownership of a management company, apartments and duplexes are done this way. It is possible a developer will not engage in the taking in charge process or has gone into receivership allowing a bond to lapse. When this happens the residents within an estate may opt to invoke a plebiscite provided by Sections 180 and 11 of the Roads Act 1993. This is where the development has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority. Within seven years beginning on the expiration of the planning permission period (this is five years) the authority shall, where requested by the majority of qualified electors who own or occupy the houses in question take it into public ownership.
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. **The Local Authority will engage with UE in this regard
- 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).
A local authority has six months from the date of a request for taking in charge to commence the relevant procedures.
Following a Taking in Charge request, a local authority will usually arrange for an inspection of the development.
This is to ensure that all works have been completed in accordance with the conditions of the planning permission
and to the required standards to allow the taking in charge to proceed.
There are a number of scenarios where a developer may not engage. Sometimes a developer will leave the development in the ownership of a management company, apartments and duplexes are done this way. In some other cases the developer may have gone into receivership.
Nonetheless, and even if a development has not been completed to the satisfaction of a local authority, if four years have passed since the expiry of the planning permission and no planning enforcement action has been taken, a local authority is obliged to take the development in charge if the majority of the homeowners submit a written request.