Taking in Charge

markpb

I've been trying to find out about taking in charge in Ireland. I know councils won't take an estate in charge if it has apartments but I thought read somewhere that they could take over some of the services in an estate. I presume this includes refuse collection, road lighting and maintaince and grass cutting.

Does anyone know any more about this, has it ever actually happened?

Electric

They actually discussed this on the Last Word last week (you might try downloading the podcast it was really interesting).

As far as I can remember they discussed the issue of taking in charge and said it could be done but that all the residents (or maybe owners can't remember) had to agree. In their example it was being held up because there was a management company in place and they wouldn't agree to it

How Strange

I think having gates on the development makes a difference too as the management company are essentially making it private property.

markpb

I just found this wonderful gem in the planning permission requirements for the estate. Between that and the gates, I doubt we're in with a chance.

As the Corporation will not be taking the development in charge, the developer shall enter into a management agreement with all future owners and occupiers to carry out the maintenance and repair of all lands within the curtilage of the site. Such agreement shall cover the roads, footpaths, car park and all services, together with hard and soft landscaping excluding private areas, and shall make it clear that the Corporation shall not have responsibility in these areas. The details of the above management scheme shall be submitted to the Planning Authority and written agreement obtained prior to commencement of development. REASON: In the interests of the proper planning and development of the area.

Electric

Do you know when that was written? I think they mentioned in the Last Word about Councils moving away from management companies taking charge of estates.

markpb

Permission was granted on 26th January 2000, I think the change away from mandatory management companies happened a few years after that.

How Strange

AFAIK, the issue with taking over housing estates is a completely separate one to taking over certain services in apartment developments. I didn't know there were any plans to take over services in apartment developments i.e. refuse, landscaping, street lighting.

markpb

I could be totally wrong, I just thought I saw it somewhere recently. I'm not completely opposed to management companies and I understand their reason d'etre but I do think it's a bit brazen for LAs to remove themselves from offering services in some estates but not others.

jdivision

That was a standard clause in planning permissions, I think it's been altered slightly to remove the "as the estate is not being taken in charge" to "it is a condition of planning"

godtabh

There is a DOE directive on Taking in Charge