COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, January 13, 2025
MOTION NO.
MOTION: Councillor E. Ó Broin
This Council agrees to develop a method for residents living in estates that have not yet been taken in charge (TIC) to liaise with SDCC on the work needed for an estate to be at the TIC standard.
REPORT:
Taking in Charge is the formal legal process through which responsibility for certain public areas, structures and services in a private residential development are transferred to, or put in the charge of, the Council. In some instances, the extent of the Taking In Charge may not cover all of these services.
The legislative basis is contained in Section 180 of Planning & Development Acy 2000, as amended, and Section 11 of Roads Act 1993.
The Council has a policy and method in place to guide the process of Taking in Charge and more information on this, including what information is required, is already available on the Council's website
Taking in Charge Policy-Standards - SDCC
A developer, or the majority of the homeowners in question (subject to certain conditions - See Section 180 of the Planning & Development Act 2000, as amended) may submit a written request to the Council to have the development Taken in Charge.
The Council must be satisfied that the development has been completed in compliance with the conditions of the planning permission and the Council’s technical requirements, or that four years have passed since the expiry of the planning permission and no planning enforcement action has been taken.
The new Planning and Development Act 2024 was signed into law by the President on 17th October 2024. The Act comprises 26 Parts, many of which are split into Chapters. There are 637 Sections and Seven Schedules. It is envisaged that the Minister will put Regulations in place relating to specific sections of the Act. The Act will therefore, be commenced in stages. Section 261 of the new Act covers the TIC process.
It is proposed that the LUPT SPC consider the implications of the relevant sections of the new Act and Regulations with regard to the taken in charge process, and prepare a policy for adoption by the Council.