Completion of development:
The following pages relate to the standards of completion of public services in residential developments, setting out the technical specifications required to meet the taking in charge standard of South Dublin County Council.
Statutory position and scope of services to be taken in charge:
The taking in charge of publicly accessible services of general public utility is outlined in Section 180 of the Planning and Development Acts 2000-2011 (as amended) and Section 11 of the Roads Act 1993 (as amended).
In a residential development of 2 or more houses where publicly accessible services of general public utility are completed to the Councils taking in charge standard and where either the developer (or successor) or a majority of the owners of houses has requested said services to be taken in charge, the Council will take in charge such services.
The services that the Council may take in charge are defined in accordance with the above-referenced legislation and include the following publicly accessible services of general public utility; roads, sewers, water mains, service connections (within meaning of Water Services Act 2007), public car parks, public open spaces of general public utility. Public open space/car park is defined as open spaces or car parks to which the public has access whether by permission or as of right. It is therefore the case that the Council cannot take in charge services in private developments/gated developments or services that are not of general public utility.
The legislative references above therefore prevent the Council from taking in charge services that are not publicly accessible and of general public utility such as delineated parking, boundary/gable walls, enclosed/roof gardens, internal common areas such as lobbies/lifts etc. Furthermore any existing arrangements that may be carried out by private companies or Management Companies in residential developments such as refuse collection/storage or building insurance for common areas etc would not be affected by the taking in charge of the services referenced in the legislation.
On the basis that there are services/areas that are common to multiple occupiers in certain developments but which the Council cannot be responsible for maintaining, such as the aforementioned private areas, the continuation of management companies may be appropriate. In this regard see link to the area regarding Management Companies.
Where the Council has taken in charge services as outlined above, the taking in charge means the provision of the following services by the Council, subject to ongoing resource availability;
- Maintenance of all roads and footpaths completed in any materials, including communal unassigned street car parking.
- Repair and reinstatement of roads, footpaths completed in any materials, and landscaped areas resulting from repair and/or maintenance of underground services provided by the council (water mains and drainage services);
- Road sweeping and cleaning the principal routes within the housing developments;
- Maintenance, including grass cutting and upkeep, of all the principal landscaped areas in housing areas – but excluding grass verges and minor incidental areas that may be planted or seeded or of intensive hard landscaping;
- Upkeep and maintenance of all elements of surfaces, fixed elements and rigid play equipment in playlots or playgrounds, or other monuments or structures where provided in class 2 open spaces, and following a specific arrangement in communal open space; and
- Upkeep and maintenance of all public lighting installations including non-standard light fittings.
The Council shall take in charge boundary, walls, fences and pillars where they form the boundary between two areas that are in charge of the Council.