Prior to the issuing of Circular Letter PD 1/08 by my Department in February 2008, some planning authorities had granted planning permissions in respect of conventional housing developments on the basis that their future maintenance would be provided by means of private management companies. The circular letter advised planning authorities against adopting this practice into the future.
In such housing developments and where difficulties are arising with management companies and maintenance arrangements within the estate, including in relation to public lighting, section 180 of the Planning and Development Act 2000, as amended, provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, that the planning authority must if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the procedures for taking the estate in charge.
In relation to estates which have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within seven years of the expiration of the planning permission relating to the development, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the taking in charge procedures.
My Department is currently reviewing, in the context of the forthcoming Planning and Development (No. 2) Bill, the provisions in section 180 of the Planning and Development Act 2000, as amended, relating to the taking in charge of housing estates with a view to improving and streamlining the taking in charge procedures. A particular focus of the review will be the time limits for the taking in charge of housing estates. My Department will consult with planning authorities in this regard.
