Taking In Charge Of Residential Estates
The term "taking in charge" means that the Local Authority assumes liability and responsibility for the roads, footpaths and public areas associated with a particular estate. When a residential development is completed in accordance with all the conditions and particulars of the planning permission, the developer or the majority of home owners may make a written request to the Planning Department to have the estate taken in Charge. The application may be made using the appropriate Taking In Charge Application Form:
Home Owners Application Form
The application form must be accompanied with the signatures of the majority of the home owners (not tenants).Copy of form below.
Developer Application Form
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). Copy of form below.
It should be noted that when an estate is taken in charge , the roads servicing that estate are declared public roads and the estate must remain un-gated. The Council will not maintain open spaces such as lawns, trees etc.. Ownership of common area does not transfer to the Local Authority upon taking in charge and it is recommended that the appropriate level of public liability insurance continue to be maintained by the management company/ residents association.
Statement of Facilities to be Taken In Charge
When a resolution under Section 11 of the Roads Act 1993 has been passed by the Roads Authority in respect of a residential estate, then any or all of the following facilities that are within 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;
- Communal parking areas;
- Public lighting infrastructure including associated electricity charges;
- Fire hydrants and associated networks;
- Wastewater treatment plants, pumping stations and associated buffer zones (including associated electricity charges)
- Water treatment plants and reservoirs (including associated electricity charges) and any associated protection zones;
- Open spaces;
- Playgrounds, tennis courts and similar recreation facilities, where these are required by condition of a planning permission as facilities for public use;
- Communal walls and fencing.
NOTE: Electricity Charges that were incurred prior to Section 11 resolution shall not be the responsibility of the Local Authority.
Statement of Maintenance Services to be provided by Louth County Council to a residential estate following it's taking in charge.
- The maintenance services that will be provided by the authority following the completion of the taking in charge process may include any or all of the following:
- Maintenance of all roads and footpaths, including unallocated street car parking;
- Maintenance of water mains and drainage services;
- Repair and reinstatement of roads, footpaths and landscaped areas resulting from repair and/or maintenance of underground services (water mains and drainage services) carried out by the authority;
- Upkeep and maintenance of all public lighting installations;
- Upkeep and maintenance of all surfaces, fixed elements and rigid play equipment in play lots and playgrounds in cases where the playground or play lot was required by condition of a planning permission.
The Council will not maintain open spaces within the development.
The Procedure for Taking in Charge of Recently Completed Housing Estates in charge policy document is set out in Appendix 15 of the Louth County Development Plan 2015-2021
This is accessible via the following link . Please note that this is a large document and may take a few minutes to download.
Appendix 15 Louth County Development Plan 2015-2021
List of Estates Taken in Charge
A list of estates already taken in charge is available to download below.
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 Louth County Council, especially those that may have historically been maintained or owned by the Local Authority previous to the aforementioned Acts. Louth County Council accepts no responsibility for inaccuracies or omissions in this list.
List of Estates currently the subject of a TIC application.
A list of estates where applications have been received and are being processed is available to download below:
Taking in Charge Application Form DEVELOPERS ONLY.docx
Application Form - Taking in Charge (HOMEOWNERS ONLY).pdf
Procedure for Taking in Charge
Estates Taking in Charge (Drogheda, Dundalk & Ardee).pdf
Estates Currently the subject of a Taking in Charge,pdf