Planning and Development Act, 2000
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Taking in charge of estates. |
180.—(1) Where a development for which permission is granted under section 34 or under Part IV of the Act of 1963 includes the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, watermains or drains, and the development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, subject to subsection (3), by the majority of the qualified electors who are owners or occupiers of the houses involved, as soon as may be, initiate the procedures under section 11 of the Roads Act, 1993 . | |
(2) (a) Notwithstanding subsection (1), where the development has not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced by the planning authority within seven years beginning on the expiration, as respects the permission authorising the development, of the appropriate period, within the meaning of section 40 or the period as extended under section 42 , as the case may be, the authority shall, where requested by the majority of qualified electors who own or occupy the houses in question, comply with section 11 of the Roads Act, 1993 , except that subsection (1)(b)(ii) of that section shall be disregarded. | ||
(b) In complying with paragraph (a), the authority may apply any security given under section 34 (4)(g) for the satisfactory completion of the development in question. | ||
(3) (a) The planning authority may hold a plebiscite to ascertain the wishes of the qualified electors. | ||
(b) The Minister may make or apply any regulations prescribing the procedure to be followed by the planning authority in ascertaining the wishes of the qualified electors. | ||
(4) Where an order is made under section 11 (1) of the Roads Act, 1993 , in compliance with this section, the planning authority shall, in addition to the provisions of that section, take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development. | ||
(5) Where a planning authority acts in compliance with this section, references in section 11 of the Roads Act, 1993 , to a road authority shall be deemed to include references to a planning authority. | ||
(6) In this section, “qualified electors” means every person who, in relation to the area of the dwelling houses in question, is registered as a local government elector in the register of local government electors for the time being in force. |