Unfinished Estates / Taking in Charge
Unfinished Estates
The term “unfinished” may have certain meanings or related perceptions, therefore for a more informed view of the term one should refer to the official definition of an unfinished estate used by the Department of Environment, Community and Local Government (DECLG) in its National Housing Development Surveys of 2010 and 2011 is a housing estate of two or more housing units where development and services have not been completed and estates completed from 2007 onwards where 10% or more of units are vacant (National Building Agency, 2010; 2011)
The categorisation applied by the Department of the Environment, Community & Local Government in its national survey of 2010-2011 in relation to “unfinished” estates identified the following categories;
Category 1: Developer present and active.
Category 2: Developments where a receiver had been appointed.
Category 3: Developer present but not active.
Category 4: Abandoned developments (no developer present) with serious public safety issues.
The national survey of unfinished developments carried out in 2010-2011 assigned these categories to developments of two or more units that had commenced at the time. The initial focus of activity in the unfinished estates area at that time was on potentially unsafe sites. However, there are many developments that were not completed in line with the original planning permission but were not included on the departments list of 2010 - 2011. In many cases, such developments may need a longer-term plan to resolve them, or incorporation into a new planning permission. In this regard Leitrim Council is working with receivers and developers, and other relevant agencies to secure completion of public areas within the developments.
Taking in Charge
The term “Taking in Charge” means that the Local Authority assumes responsibility for certain services located within the common areas and public areas associated with a particular estate. When a residential development is completed to the satisfaction of the Local Authority, the developer or, in certain circumstances the majority of home owners, may make a written request to the Planning Department to have the estate taken in charge.
Resident's Association / Home Owners' Applications
The application form must be accompanied with the signatures of the majority of the home owners (not tenants).
Taking in Charge Residents Association Application Form
Developer Applications
The application form must be accompanied with a Certificate of Infrastructure Compliance, a Certificate of Planning Compliance and a Certificate of Development Standard, along with as built drawings: CCTV and other relevant documentation ( see Taking in Charge Policy for full list of requirements).
Taking in Charge Developer Application Form
When a resolution under Section 11 of the Roads Act 1993 has been passed in respect of a residential estate, any or all of the following facilities that are located within the common areas of that estate shall also be deemed to have been taken in charge, unless those facilities have been expressly excluded in the resolution.
- Roads and footpaths.
- Public lighting infrastructure including associated electricity charges
- Fire hydrants and associated networks
- Public water supply, sewerage and storm water networks
- Wastewater treatment plants, pumping stations and associated buffer zones, (including the associated electricity charges)*
- Water treatment plants and reservoirs (including associated electricity charges) and any associated protection zones
- Open spaces
*Note: Electricity Charges that were incurred prior to the Section 11 resolution shall not be the responsibility of the Local Authority.
The Council will not maintain open spaces such as lawns, trees, etc. It is recommended that the appropriate level of public liability insurance be at all times maintained by the management company/residents association. All estates must remain ungated
Exclusions
What type of developments will not be considered for taking in charge?
As a general rule it will not be the policy of Leitrim County Council to declare roads serving the following developments to be public roads under Section 11 of the Roads Act 1993.
- Apartment blocks
- Gated developments
- Holiday home type developments
List of Estates Taken in Charge
A list of estates already taken in charge is available below.
Section 11 Declare Public Road -Statutory notice.docx (size 18.5 KB)
TIC-028 River Meadow, Dromod.pdf (size 91.7 KB)
TIC-066 Saint Caillin's View, Fenagh.pdf (size 101.7 KB)
TIC-079 Mountain View, Drumshanbo.pdf (size 90.3 KB)
TIC-084 Oakfield Manor, Kinlough.pdf (size 106.1 KB)
TIC-102 Cluain Locha, Drumshanbo.pdf (size 88.4 KB)
TIC-105 Beal na Leica, Keshcarrigan.pdf (size 97.5 KB)
TIC-108 Larkfield Manor, Manorhamilton.pdf (size 112.1 KB)
TIC-109 The Old Orchard, Manorhamilton.pdf (size 109.1 KB)
TIC-112 Dun Carraig Ceibh, Leitrim Village.pdf (size 89.3 KB)
TIC-117 The Village, Annaduff.pdf (size 80.9 KB)
TIC-118 Cluain Alainn, Carrigallen.pdf (size 94.4 KB)
TIC-119 Sruth Ard, Lurganboy.pdf (size 81.6 KB)
TIC-120 Shannon Haven, Dromod.pdf (size 89.1 KB)
Please note; This is a list provided for indicative purposes only. Those estates listed have undergone the formal taking in charge process under Section 180 of the Planning & Development Act 2000 (as amended) and Section 11 of The Roads Act 1993. The list may not include each and every estate in the charge of Leitrim County Council, especially those that may have historically been maintained or owned by the Local Authority previous to the aforementioned Acts. Leitrim County Council accepts no responsibility for inaccuracies or omissions in this list.