Normally, housing estates which have been completed to the satisfaction of the planning authority in accordance with the permission granted and any conditions attaching to that permission can be taken in charge by the planning authority concerned. Section 180 of the Planning and Development Act 2000 provides that where requested by the majority of the owners of the houses involved, the planning authority shall, as soon as may be, initiate the taking in charge procedures. For this purpose, the signatures of the majority of the owners of the houses in the estate are required.
Circular Letter PD 1/08, issued in February 2008, further elaborates on the procedures and protocols to be adopted by planning authorities in relation to the taking in charge of housing developments. The circular states that the protocols should clearly set out each step in the taking in charge process and the accompanying timeframes, and should also specify the documentation/evidence that will be required from the developer to demonstrate that the development has been satisfactorily completed. A sample list of acceptable evidence in this regard includes, inter alia, the following:
- three copies of “as constructed” drawings of the development,
- a CCTV survey/manhole survey, completed at the developer’s expense, of the collection systems as conditioned in the relevant planning permission, and
- a drainage layout plan of as-constructed sewers.
This Circular was subsequently incorporated into the Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas (May 2009), issued under section 28 of the Planning and Development Act 2000.
The list of acceptable documentation/evidence outlined above is a requirement on developers and does not apply in respect of housing estates where the developer is no longer in business and is therefore not in a position to provide the evidence required to demonstrate that the estate has been satisfactorily completed. Where requested to take an estate in charge by the majority of the owners of the houses involved and the developer is no longer in business, it would not be unreasonable to expect that the planning authority would undertake any surveys or assessments necessary to determine if the estate has been satisfactorily completed for taking in charge purposes.
Enquiries have been made of Ballina Town Council in relation to the estate referred to in the Question. I understand that the Council has not to date received a request from the residents of the estate that it be taken in charge by the Council.
