Guidelines to Taking in Charge of Estates
1. INTRODUCTION
A private housing estate can be defined as one comprising two or more houses which are served by access road(s), open spaces, car-parks, sewers, watermains and drains.
The taking in charge by a Local Authority of a Private Housing Estate shall be carried out in accordance with Section 180 of the Planning and Development Act, 2000 and Section 11 of the Roads Act, 1993.
2. STANDARDS and REQUIREMENTS
Before an estate can be considered for taking in charge by the Local Authority, the following requirements shall be satisfied:
(a) Planning – All works must be completed in full to the satisfaction of the Planning Authority, in accordance with permission(s) granted under section 34 of the Planning and Development Act, 2000, including any conditions to which the permission is subject.
(b) General layout - All roads, green/open space areas and services shall be well maintained and finished to a good standard.
(c) Formal Request - The Local Authority must be in possession of a formal letter of request from the developer *, requesting that the subject estate be taken in charge by the relevant Local Authority.
*Alternatively, the majority of the qualified electors, who are owners or occupiers of houses involved, may make a separate request to the Local Authority, to have the estate taken in charge.
3. PROCEDURE
(a) A formal request is made to the Local Authority, in accordance with 2(c) above.
(b) Technical documentation (ref Appendix A) shall be submitted with formal request.
(c) Local Authority carries out preliminary site inspection/planning check and assesses documentation submitted under 3(a)
and (b).
(d) Subject to all documentation being in place, and all planning matters in order, the Local Authority will prepare a Technical report with recommendations for the elected members.
(e) Resolution by the elected members to take the estate in charge is followed by advertisement in Local Newspaper – inviting submissions – 6 weeks allowed.
(f) Submissions report and final recommendation prepared for elected members.
(g) Resolution and taking in charge of estate.
APPENDIX A – Technical Requirements
A request to have the security for developments released and/or the development taken over, shall be accompanied by;
1. Three sets of as-constructed drawings for the estate, to a scale of 1:500, showing;
(a) the layout and levels of roads, footpaths and sewers (foul and surface water);
(b) the layout and diameters of the watermains with valve positions marked (including hydrants). Where more than two valves are provided at a watermain junction, a line drawing showing the layout of valves at the junction shall be provided;
(c) the diameters of sewers (foul and surface water and position of manholes);
(d) the position of road gullies;
(e) the position of services or service ducts crossing carriageways clearly visible surface feature e.g. road gully or manhole;
(f) the position of public lights;
(g) any open space;
(h) clear identification of surface water discharge points;
It is recommended that these three sets of as-constructed drawings be subdivided into two sub-sets (i.e.) one set for underground services such as sewers, watermains etc. and the second set for over ground features such as roads, footpaths, open spaces, artistic features etc.
2. A properly certified CCTV survey of all storm and foul sewers.
3. A statement that the development has been carried out in accordance with the “Recommendations for Site Development Works for Housing Areas” (Department of the Environment & Local Government, 1998), subject to such amendments as have been approved by Ballina Town Council. This statement shall be signed by a suitably qualified person with personal indemnity insurance who is not a beneficiary of the development apart from fees.
4. Certifications for the testing of watermains and sewers, to the satisfaction of Ballina Town Council and in accordance with the “Recommendations for Site Development Works for Housing Areas” (Department of the Environment & Local Government, 1998).
5. A certificate from the Electricity Supply Board that the public lighting is in order.
APPENDIX B – NOTES
(a) Where upon execution of a preliminary site inspection the Local Authority deems that the estate does not comply with 2(a), 2(b) and/or 2(c) of this document, the Local Authority may request any or all of the following;
(i) additional works be carried out on-site by the Developer
(ii) additional finance be put in place by the Developer to facilitate completion of, or rectification of works
(iii) further information be submitted under 3(b)
(b) If upon requesting the taking in charge of an estate, a developer fails to comply with the planning requirements as set out under 2(a) of this document, the Local Authority will initiate enforcement procedures under section 154 of the Planning and Development Act, 2000.
(c) Additional inspections by Local Authority staff, arising out of (A) and (B) above, will be levied on the developer at €380 per inspection.
(d) The planning authority may hold a plebiscite to ascertain the wishes of the qualified electors.
(e) Estates which do not comply in full with section 2 of this document will not be recommended for taking in charge.
