Gormley Issues Long Awaited Guidance

The Minister for the Environment, Heritage and Local Government, John Gormley yesterday announced new policy guidance to planning authorities in relation to the taking in charge of residential estates.

The Minister said that the new policy guidance is clearly focused on proactively addressing the issue of taking in charge at the pre-planning stage. The main principles now set out in the overall framework for taking in charge are;

• A statement of the facilities that will be taken in charge and the maintenance services that will be provided must be set out and the issue of taking in charge must be addressed at the pre-planning stage with the approved design facilitating the taking in charge of core facilities;
• Developers will be required, through the development management process /permission, to complete residential developments to a standard that is in compliance with the planning permission granted;
• Planning authorities must take all necessary measures in this regard in particular through securing adequate bonds, inspection of construction and enforcement action when necessary;
• The procedures for taking in charge will begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including time frames, must be set out by planning authorities to respond to requests for taking in charge;
• In general, planning authorities must not attach management companies as a condition of planning in respect of traditional housing estates;
• In relation to older estates, priority must continue to be placed on resolving those estates that have been left unfinished /not taken in charge for the longest period.

Mr Gormley said: "I am now asking each planning authority to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, on the basis of these principles, and wider housing and planning guidance, as set out in my Department's circular letter."


The main elements of the new policy guidance on taking in charge will be incorporated in the new Sustainable Residential Development Guidelines, which will be issued as Ministerial Guidelines under section 28 of the Planning and Development Act later this year.

The Minister concluded: "I believe that this guidance when implemented will make a valuable contribution to the creation of sustainable communities, where people want to live and work, now and in the future."

(VB/JM)