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Environment Minister urged to Change law in Home-owners Interest

Cllr Catherine Murphy has written to Environment Minister seeking a change in the law as it relates to “Taking Housing Estates in Charge”.   The taking in charge process   includes the assumption of  responsibility for Roads/Paths; Sewers/Drains;  Public Lighting etc. within housing estates.  It also requires developers to transfer ownership of open spaces to the Council,  ensuring these spaces are protected from future development.    “ The current law (Section 180(2)(a) of the Planning & Development act, 2000)  leaves house purchasers powerless for up to 12 years while the Council and Developer “act” on their behalf.”   She believes the time frame is much too generous to the developer and not in the interest of house purchasers.   It  particularly plays into the hands of rogue developers and frustrates Residents Association Committees according to Cllr Murphy.


She had sought the endorsement of Kildare County Council  to seek a change in the law whereby the number of years between planning approval and taking an estate in charge would be reduced from 12years to 7 years.  If the Council did not take the estate in charge during that time frame the residents would be given the power to  petition to  have their estate taken in charge and the Council would have no option but to comply.  The Council’s  Economic Planning & Development Strategic Policy committee considered her proposal,   there conclusions are as follows: “ the committee are very satisfied with the policy as it stands and that the taking in charge of housing estates for the past two years has been very successful.   They felt that the 7 years would be unrealistic.”  

Cllr Murphy,   while a TD brought the matter to National prominence,  she highlighted Kildare’s performance,  the worst in Ireland with some estates of up to 30 years old not yet taken in charge.  The result was,  the Council embarked on a more vigorous approach to the problem.  The item was placed on top of the agenda,  a comprehensive report was done of all outstanding estates,  staff numbers increased and the matter  at last got the attention it needed.    Expressing satisfaction  that a large number of estates have since been taken in charge and that  efforts are ongoing,  Cllr Murphy continues to believe the time frame must be reduced considerably if home owners are not to be the meat in the sandwich between the Council and Developers.

Motion tabled by Cllr C Murphy in Sept 2008 and subsequently considered by the SPC

Item referred from September Co. Co.  meeting – Cllr. C. Murphy.  Review of the policy document on the “Taking in Charge” of housing  Estates.

1. That Kildare County Council asks the Minister for the Environment Heritage and Local Government to bring forward an amendment to section 180 (2) (a) of the Planning and Development Act, 2000 to read as follows :  Notwithstanding subsection (1),  where the development has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within two years [currently seven years] beginning on the expiration,  as respects the permission authorising the development,  of the appropriate period,  within the meaning of section 40 or he period as extended under section 42,  as the case may be,  the authority shall,  where requested by the majority of qualified electors who own or occupy the houses in question,  comply with section 11 of the Roads Act,  1993,  except that subsection (1) (b) (ii)  of that section shall be disregarded.

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Posted by on April 18, 2009. Filed under Your Home & You. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.