Planning and Development Act 2000

Taking in charge of estates.

180

180. (1) F758 [Subject to subsection (7), where a development ] for which permission is granted under section 34 or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, F759 [water mains ] or F759 [service connections (within the meaning of the Water Services Act 2007) ] , and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3) , F760 [by the majority of the owners of the houses involved ] , F758 [not later than 6 months after being so requested ] , initiate the procedures under section 11 of the Roads Act, 1993 .

(2) ( a ) Notwithstanding subsection (1) , where the development F761 [referred to in subsection (1) ] has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within F758 [4 years ] beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42 , as the case may be, the authority shall, F760 [where requested by the majority of owners of the houses involved ] , comply with section 11 of the Roads Act, 1993 , except that subsection (1)( b )(ii) of that section shall be disregarded.

( b ) In complying with paragraph (a) , the authority may apply any security given under section 34 (4)(g) F762 [, or a condition attached to a permission under section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016 ] for the satisfactory completion of the development in question.

F761 [(2A) ( a) Notwithstanding subsections (1) or (2), where a development referred to in subsection (1) has not been completed to the satisfaction of the planning authority and either—

(i) enforcement proceedings have been commenced by the planning authority within F758 [ 4 years ] beginning on the expiration, as respects the permission authorising the development, of the appropriate period, or

(ii) the planning authority considers that enforcement proceedings will not result in the satisfactory completion of the development by the developer,

the authority may in its absolute discretion, at any time after the expiration as respects the permission authorising the development of the appropriate period, where requested by a majority of the owners of the houses in question, initiate the procedures under section 11 of the Roads Act 1993.

( b) In exercising its discretion and initiating procedures under section 11 of the Roads Act 1993, the authority may apply any security given under section 34(4)(g) F762 [ , or a condition attached to a permission under section 9 (4) of the Planning and Development (Housing) and Residential Tenancies Act 2016 ] for the satisfactory completion of the development in question. ]

F763 [(c) The initiation of procedures under section 11 of the Roads Act 1993 shall not preclude the planning authority concerned from pursuing, under the Planning and Development Acts 2000 to 2018 or otherwise, a developer for the costs incurred by that authority in respect of works undertaken on a development to enable it to be taken in charge by that authority. ]

(3) ( a ) The planning authority may hold a plebiscite to ascertain F760 [the wishes of the owners of the houses ] .

( b ) The Minister may make or apply any regulations prescribing the procedure to be followed by the planning authority in ascertaining F760 [the wishes of the owners of the houses ] .

F760 [(4) ( a) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (1) or (2), the planning authority shall, in addition to the provisions of that section, take in charge—

(i) (subject to paragraph (c)), any sewers, watermains or service connections within the attendant grounds of the development, and

(ii) public open spaces or public car parks within the attendant grounds of the development.

( b) Where an order is made under section 11(1) of the Roads Act 1993 in compliance with subsection (2A), the planning authority may, in addition to the provisions of that section take in charge—

(i) (subject to paragraph (c)) some or all of the sewers, watermains or service connections within the attendant grounds of the development, and

(ii) some or all of the public open spaces or public car parks within the attendant grounds of the development,

and may undertake,

(I) any works which, in the opinion of the authority, are necessary for the completion of such sewers, watermains or service connections, public open spaces or public car parks within the attendant grounds of the development, or

(II) any works as in the opinion of the authority, are necessary to make the development safe,

and may recover the costs of works referred to in clause (I) or (II) from the developer as a simple contract debt in a court of competent jurisdiction.

( c) A planning authority that is not a water services authority within the meaning of section 2 of the Act of 2007 shall not take in charge any sewers, watermains or service connections under paragraph (a)(i) or (b)(i), but shall request the relevant water services authority to do so.

( d) In paragraph (a)(ii), ‘public open spaces’ or ‘public car parks’ means open spaces or car parks to which the public have access whether as of right or by permission.

( e) In this subsection, ‘public open spaces’ means open spaces or car parks to which the public have access whether as of right or by permission. ]

(5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993 , to a road authority shall be deemed to include references to a planning authority.

F760 [(6) In this section ‘appropriate period’ has the meaning given to the term in section 40, as extended under section 42 or 42A as the case may be. ]

F763 [(7) This section applies to that part of a development for which permission is granted under section 9 of the Planning and Development (Housing) and Residential Tenancies Act 2016 that relates to the construction of houses and the provision of—

(a) new roads, open spaces or car parks, or

(b) sewers, water mains or service connections, within the meaning of the Water Services Act 2007,

relating to such houses and references to ‘development’ in other provisions of this section shall be read accordingly. ]

Annotations:

Amendments:

F758

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 37(a), (b), (d), S.I. No. 436 of 2018.

F759

Substituted (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(b)(i), S.I. No. 846 of 2007.

F760

Substituted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 59(a), (b)(ii), (d), (e), (f), and (g), S.I. No. 477 of 2010.

F761

Inserted (5.10.2010) by Planning and Development (Amendment) Act 2010 (30/2010), s. 59(b)(i), (c), S.I. No. 477 of 2010.

F762

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 37(c), (e), S.I. No. 436 of 2018.

F763

Inserted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 37(f), (g), S.I. No. 436 of 2018.

Editorial Notes:

E326

Previous affecting provision: subs. (4) amended (31.12.2007) by Water Services Act 2007 (30/2007), s. 114(b)(ii), S.I. No. 846 of 2007; substituted as per F-note above.