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Taking in charge

Taking in charge application process

Where a development includes the construction of two or more houses and the provision of new roads, open spaces, car parks, sewers, watermains or drains, and the development has been carried out and completed in accordance with the planning permission and any conditions to which the permission is subject, Section 180 of the Planning and Development Act 2000, as amended, empowers the County Council, where requested by the person carrying out the development, or by the majority of the owners of the houses involved, to initiate procedures under Section 11 of the Roads Act,1993.  Section 11 of the Roads Act, 1993 empowers the County Council to declare a road to be a public road. Section 180 of the Planning and Development Act 2000, as amended, requires that where a road within a development is declared to be a public road, the County Council shall also take in charge any public open spaces, public car parks, sewers, watermains or service connections within the development.

A request to take in charge a development by the developer may be made using the appropriate Taking in Charge application form.

What is taken in charge

  • Public roads and footpaths
  • Public open spaces*
  • Unallocated surface parking areas
  • Public lighting
  • Fire services including fire hydrants
  • Storm water drainage
  • Public sewers; watermains or service connections (within the meaning of the Water Services Act 2007)**

* Clare County Council do not maintain green areas

** Where water services infrastructure is vested in the ownership of Irish Water through a Connection Agreement, there is no requirement for a planning authority to take such infrastructure in charge. Where water service infrastructure has not been vested in Irish Water, it is initially taken in charge by the planning authority pursuant to Section 180 of the Planning and Development Act 2000 as amended and the water services legislation provides that it will subsequently be transferred to Irish Water.

Liability for the above elements of a development shall remain with the developer until such time as they are taken in charge by Clare County Council.

The documents below outline Clare County Council's policy (pre and post 29 September, 2008) and also include application forms in relation to taking in charge of private housing developments i.e. a development of two or more houses.

Estates taken in charge 2008-2018 (at 1st January 2018)

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Content Last Updated/Reviewed: 22/02/18