Section 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the satisfaction of the planning authority in accordance with the planning permission, the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners or occupiers. Similarly, where an estate has not been completed to the standard outlined in the planning permission and the planning authority has not taken enforcement action within the appropriate period, the planning authority must also initiate taking in charge procedures if requested to do so by the owners/occupiers. The decision as whether any particular estates should be taken in charge is ultimately one for the elected members of the planning authority.
Sections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000 provide respectively that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development and, if a development is not subsequently completed satisfactorily, may apply the security given for the satisfactory completion of that development.
My Department's Development Management Guidelines (June 2007) and policy guidance on the Taking in Charge of Residential Developments (February 2008) advise that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to secure the satisfactory completion of those developments. The guidance states that the security given should be adequate to ensure the proper completion of roads, footpaths, water mains, sewers, lighting and open space and the lodgment of the security should be coupled with an agreement that would empower the authority to realise the amount of the security at an appropriate time.