COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF TALLAGHT AREA COMMITTEE

Monday, May 25, 2026

QUESTION NO. 3

QUESTION: Councillor J. Spear

"Can the Manager outline the process by which an owner's management company can proceed with a taking-in-charge process when the land is still currently owned by the developer (details supplied)?"

REPLY:

The question relates to the Taking in Charge of the Marlfield estate.  The Marlfield estate was offered for Taking in Charge by the developer in 2010.  Since that time very little engagement from the developer has occurred in relation to the progressing of the the Taking in Charge process. However, in 2025 a small section of road and footpath shown on the attached map has been expedited through the TIC process by the land owner.  The full taking in Charge of this small section has not been fully completed. However, there continues to be little engagement from the developer in relation to the Taking in Charge progress for the rest of the Marlfield estate.  

The general process for OMC's to progress a TIC:

Circumstances Where Lands Remain in Developer Ownership

Where the land has not yet been transferred from the developer to the OMC or remains in the developer’s ownership, this introduces important constraints:

• The Planning Authority typically requires the consent of the legal owner(s) to proceed with full taking-in-charge.
• Without such consent, certain elements of the process (e.g. transfer of open spaces, infrastructure vesting) may not be completed.

However, the absence of land transfer does not prevent engagement with the local authority. The OMC may still:

• Formally request inspection of the estate,
• Seek clarification on outstanding works and bonds in place,
• Request enforcement action where works are incomplete.

Process Available to the Owner Management Company (OMC)

(a) Submission of Request

If a landowner or developer is no longer in existence, and the deeds of ownership have been transferred to the OMC -the OMC may submit a formal request to the Planning Authority for taking-in-charge consideration. Also if the developer is not in existence, and a receiver has been appointed, then the management of the assets reverts to the receiver. The receiver can offer elements of the estate for taking in charge.

A taking in charge application from an OMC should include:

• Evidence of Title by the OMC and Evidence that the majority of dwelling owners are in favour of taking the estate in charge (see current issues with the legislation on plebiscite below)
• Estate details and planning references,
• Evidence of completion status (where available),
• Details of any outstanding issues.

(b) Assessment by the Authority

The local authority will:

• Inspect the development infrastructure,
• Assess compliance with planning conditions,
• Identify defects or incomplete works,
• Review any developer bonds or securities.

(c) Engagement with Developer

Where ownership remains with the developer:

• The authority will generally seek engagement or consent from the developer,
• If works are incomplete, enforcement under planning legislation may be pursued.  This is only applicable where the statutory timelines for enforcement have not passed.  The key legal limit is set out in Section 157(4) of the Planning and Development Act 2000,as amended:
• A planning authority cannot issue a warning letter, enforcement notice, or initiate proceedings after 7 years:
• From the date the unauthorised development commenced, or
• From the expiration of a planning permission (including any extensions).

(d) Partial Taking-in-Charge (Where Applicable)

In some cases, and subject to legal and technical considerations, the authority may proceed with partial taking-in-charge, particularly for roads and services, even where:

• Open spaces or other lands remain unresolved

N.B. The Council would seek legal advice on each case where complications of ownership and management rights were unclear.

(e) Limits at Present:

• A plebiscite of residents is not currently feasible due to the ongoing review of Irish legislative provisions governing such procedures.
• The absence of landowner consent may restrict the authority from completing all elements of the taking-in-charge process (particularly land transfer and vesting).
• The authority is constrained to act within statutory powers and cannot assume ownership of lands without the appropriate legal basis.

(f) Other considerations:

• Where Infrastructure intended to be taken in charge is not completed to the SDCC Taking in Charge standards and there is no developer or bond in place to carry out the remedial works, the Council must consider the financial implications of taking the estate in charge. A Council budget would need to be identified to carry out the remedial works necessary before an estate could be recommended to the Council for TIC.  Taking in Charge is a reserved function.