Taking in Charge Procedures

Written:

Taking in Charge ProceduresMay 2005 Council meeting

Question: Councillor M. Baker:

"To ask the Manager to give an update on the status of taking in charge procedures for housing estates which are waiting to be taken in charge? Please provide an expected timeframe for when these estates will be taken in charge?"

Reply:

"A review of the Council's procedures for taking in charge of completed estates in the County was undertaken at the end of 2004 and new procedures have been introduced with effect from January 2005. An Interdepartmental Team, co-ordinated by the Building Control Section and comprising senior representatives of the Council's Service Departments, has been established, with a policy brief to actively seek to bring estates through the process for taking in charge. A work programme comprising twenty-six developments has been agreed for the current year and to date twelve estates have been approved by the Interdepartmental Team for taking in charge. Taking in Charge Drawings and detailed Schedules of Roads are being prepared at present in respect of these estates and it is anticipated that the statutory procedure for taking in charge can be initiated in the near future. Details of the Inderdepartmental Team's Work Programme 2005 are given in the schedule below:

Taking in Charge Work Programme 2005

Name of Development Present Position
Fosterbrook, St. Helen’s Recommended for taking in charge
Sandyford Hall/Fernleigh, Sandyford Remedial works outstanding – developer to commence work in April 2005
Treesdale, Stillorgan Recommended for taking in charge
Delbrook Park, Ballinteer Recommended for taking in charge
Brighton Place, Carrickmines Anticipated that decision on recommendation for taking in charge will be made in April 2005
Park View, Newpark Drainage issue outstanding
Cabinteely Green, Cabinteely Remedial works outstanding
La Touche Court, Ballinteer Recommended for taking in charge
Glenard Hall, Roebuck Anticipated that decision on recommendation for taking in charge will be made in April 2005
Dundrum Office Park, Dundrum Anticipated that decision on recommendation for taking in charge will be made in April 2005
Rathmichael Haven, Rathmichael Recommended for taking in charge
Priory Court, Ballinteer Recommended for taking in charge
Berwick Hall, Churchtown Recommended for taking in charge
Rathmichael Woods, Shankill Recommended for taking in charge
Peartree Field, Stillorgan Recommended for taking in charge
Woodthorpe, Stillorgan Recommended for taking in charge
Convent Court, Stillorgan Recommended for taking in charge
Stonemason’s Green, Rathfarnham Anticipated that decision on recommendation for taking in charge will be made in April 2005
Holywell & Drumahill, Kilmacud Wayleaves issue outstanding
Stepaside Park, Stepaside As Built Drawings required to enable taking in charge process to begin
Avalon, Foxrock CCTV survey required
Brennanstown Vale, Carrickmines Recommended for taking in charge
Eaton Wood, Shankill Survey of estate being carried out March 2005
Orpen, Stillorgan Survey of estate being carried out March 2005
Willow Court, Loughlinstown As Built Drawings required to enable taking in charge process to begin.
The Ramparts, Loughlinstown Awaiting taking in charge of Willow Court

In the case of estates listed in the foregoing programme where there are remedial works or documentation outstanding, it is not possible to indicate at this stage when the Council will be in a position to initiate the statutory taking in charge procedure. The statutory procedure for taking in charge of estates is set out in Section 11 (1) of the Roads Act, 1993 and it will shortly commence in respect of the estates listed above where a decision to recommend taking in charge has been made. The Council will publish "a notice indicating the times at which, the period (which shall be not less than one month) during which and the place where a map showing such road may be inspected and stating that objections or representations may be made in writing to the road authority in relation to such declaration before a specified date (which shall be not less than two weeks after the end of the period for inspection)". Following consideration of any objections or representations received within the prescribed period and not withdrawn, a report will be made to the Council with regard to the formal taking in charge of the estates."

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