Planning and Development Act 2024
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Taking in charge of certain public components of developments by Uisce Éireann | ||
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262. (1) Where Uisce Éireann receives— | ||
(a) a request from the developer of, the owners’ management company of, or a majority of the owners of the houses in, a development, to take public components of the development that are water works or waste water works, or such other public components as may, having regard to the functions of Uisce Éireann, be prescribed for the purposes of this section, in charge, or | ||
(b) a referral under paragraph (b) of subsection (2) of section 261 relating to public components of a development that are water works or waste water works, or such other public components as are prescribed for the purposes of that subsection, | ||
Uisce Éireann may, following consultation with the planning authority in whose functional area the water works, waste water works or other public component is or are situated, by order, take all or any of the water works, waste water works or other public component into its charge. | ||
(2) Without prejudice to any other of its powers in relation to public components taken in charge by it under this section, Uisce Éireann may undertake on any public components taken in charge by it any works which, in its opinion are necessary— | ||
(a) for the completion of the public components in accordance with any applicable permission, or | ||
(b) to make the public components safe, | ||
and may recover the costs of such works from the developer of the development of which the public components are part (and for that purpose apply any bond or other security held by it towards the costs of such works). | ||
(3) Where public components of a development are taken in charge under subsection (1), Uisce Éireann may access parts of the development not so taken in charge, in so far as it is reasonably necessary to do so for the purpose of maintaining or managing the public components taken in charge or performing its functions under subsection (2). |