Section 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the standard outlined in 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 or occupiers. Taking the road in charge under the Roads Act is normally the first step in taking an estate in charge.
It is the responsibility of a developer to finish an estate properly in accordance with the conditions attached to the planning permission and it is reasonable that the planning authority should take every step to compel the proper completion of the estate by developer, through appropriate enforcement action.