Planning and Development Act 2024

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Taking in charge of public components of developments by planning authority

261. (1) Subject to subsections (2) and (4), where the developer of, the owners’ management company of, or a majority of the owners of the houses in, a development requests that all or part of the public components of the development be taken in charge by the planning authority in whose functional area the development is located, the planning authority may decide whether to commence the procedure in subsection (6) for taking all or part of the public components the subject of the request in charge.

(2) Where a request under subsection (1) relates wholly or partly to public components that are water works or waste water works, or such other public components as are prescribed for the purpose of this subsection, the planning authority shall—

(a) give notice of the request to Uisce Éireann seeking its consent, within a period specified in the notice, to the taking in charge by the planning authority of such of the water works, waste water works or other public components as is specified in the notice, or

(b) refer the request, in so far as it relates to such of the water works, waste water works or other public components as is specified in the referral, to Uisce Éireann for its consideration under section 262 .

(3) The planning authority shall endeavour to make a decision under subsection (1) within 6 months of the making of the request (or, where a notice is given under paragraph (a) of subsection (2), within such longer period as results from the extension of the period of 6 months by the period specified in the notice), but a decision under subsection (1) shall not be invalidated by reason that the decision was not made within that period.

(4) Subject to section 264 , a planning authority to which a request under subsection (1) is made shall commence the procedure in subsection (6) if—

(a) the development has been completed to the satisfaction of the planning authority in compliance with the permission for the development and any conditions to which the permission is subject,

(b) the development has not been completed to the satisfaction of the planning authority in compliance with the permission for the development and any conditions to which the permission is subject, and the planning authority has not taken enforcement action (within the meaning of Part 11 ) in relation to such non-compliance within 7 years of the expiry of the permission, or

(c) such other case as may be prescribed applies.

(5) Where the planning authority decides under subsection (1) not to commence the procedure in subsection (6) or to omit from the procedure any part of the public components the subject of the request, the planning authority shall notify the person making the request of that decision and of the reasons for it.

(6) Where the planning authority decides to commence the procedure for taking all or part of the public components the subject of the request in charge—

(a) it shall prepare a report setting out in relation to the public components—

(i) a description of them,

(ii) a statement as to their general public utility, and

(iii) a statement as to the financial implications for the planning authority of taking them in charge,

(b) it shall publish notice, in at least one newspaper circulating in its functional area, of the proposal to take the public components in charge, indicating the times at which, the period (which shall be not less than one month) during which, and the place where, the report referred to in paragraph (a) may be inspected, and stating that submissions may be made in writing to the planning authority in relation to the proposal before a specified date (which shall be not less than 2 weeks after the end of the period for inspection specified in the notice),

(c) the chief executive of the planning authority shall, not later than 4 weeks after the expiry of the period for making submissions under paragraph (b), prepare a report on any submissions so received and not withdrawn, and submit it to the members of the planning authority for their consideration,

(d) the planning authority shall consider, subject to subsection (9), the reports referred to in paragraphs (a) and (c), and

(e) subject to subsection (7), the planning authority shall make an order taking all or part of the public components the subject of the request into its charge, as it considers appropriate, or refusing to take any of the public components into its charge.

(7) The planning authority shall not make an order under paragraph (e) of subsection (6) taking public components that are water works or waste water works or other public components prescribed for the purposes of subsection (2) in charge unless it has received the consent of Uisce Éireann to do so.

(8) The consideration of reports under paragraph (d) of subsection (6) and the making of an order under paragraph (e) of subsection (6) shall be reserved functions.

(9) The Minister may prescribe circumstances in which the planning authority, in deciding whether to take any public components in charge, shall be required to disregard the financial implications for it of so doing.

(10) A road or part of a road taken in charge by a planning authority pursuant to this section shall be deemed to be a public road within the meaning of the Roads Act 1993 .

(11) Without prejudice to any other of its powers in relation to public components taken in charge by it under this section, the planning authority may undertake on any public components taken in charge by it any works which, in its opinion, are necessary—

(a) for the completion of the public components in accordance with any applicable permission, or

(b) to make the public components safe,

and may recover the costs of such works from the developer of the development of which the public components are part (and for that purpose apply any bond or other security held by it towards the costs of such works).

(12) Where public components of a development are taken in charge under this section, the planning authority may access parts of the development not so taken in charge, in so far as it is reasonably necessary to do so for the purpose of maintaining or managing the public components or performing its functions under subsection (11).

(13) The planning authority may hold a plebiscite for the purposes of ascertaining the wishes of the owners of the houses referred to in subsection (1).