The most recent amendments to the taking in charge provisions of the planning code were made in the Planning and Development (Amendment) Act 2018 with a view to further strengthening and streamlining the taking-in-charge process.
Residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Planning and Development Act 2000 (as amended) may be eligible (depending on the grant of planning condition) for taking in charge. The taking in charge of residential estates by local authorities is provided for under section 180 of the 2000 Act as amended and is a reserved function of the elected members.
Under Section 180 (1) of the Act, the planning authority is obliged to initiate taking in charge procedures where requested by either the developer or by the majority of owners of the dwellings. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions.
Circular PD 1/08 updates the earlier policy guidance issued by the Department and replaced circular letters PD 1/06 and 5/06 which directed planning authorities to develop a policy on taking in charge. All planning authorities were required to develop or update, as appropriate, their policy on taking in charge by the end of June 2008 on the basis of the framework set out in Circular PD 1/08.
Ultimately, however, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities, following the procedures laid out in section 180.
I have no current plans to conduct a review of the taking-in-charge provisions of the Act.