Planning and Development (Amendment) Act 2010

59.

Amendment of section 180 of Principal Act.

59.— Section 180 (amended by section 114 of the Act of 2007) of the Principal Act is amended—

( a) in subsection (1), by the substitution of “by the majority of the owners of the houses involved” for “by the majority of the qualified electors who are owners or occupiers of the houses involved”,

( b) In subsection (2)( a)—

(i) by the insertion of “referred to in subsection (1)” after “where the development”,

(ii) by the substitution of “where requested by the majority of owners of the houses involved” for “where requested by the majority of qualified electors who own or occupy the houses in question”,

( c) To insert the following subsection after subsection (2):

“(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 seven 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) for the satisfactory completion of the development in question.”,

( d) in subsection (3)( a), by the substitution of “the wishes of the owners of the houses” for “the wishes of the qualified electors”,

( e) in subsection (3)( b), by the substitution of “the wishes of the owners of the houses” for “the wishes of the qualified electors”,

( f) by the substitution of the following for subsection (4):

“(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.”,

and

( g) by the substitution of the following for subsection (6):

“(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.”.

Annotations:

Modifications (not altering text):

C2

Certain references to a “water services authority” or a “relevant water services authority”construed (1.01.2014) by Water Services (No. 2) Act 2013 (50/2013), s. 7(2)(b), S.I. No. 575 of 2013.

Transfer of functions from water service suthorities to Irish Water

7.—...

(2) References to a water services authority or relevant water services authority in—

...

(b) any other enactment (other than the Act of 2013) or instrument under any other enactment,

in so far as they relate to any function transferred by this Act, shall on and after the transfer day, be construed as references to Irish Water.

...