Planning and Development Act 2024

Chapter 2

Public Components of Certain Developments

Application of Chapter and definitions

260. (1) This Chapter applies to land-based development that is being, or has been, carried out—

(a) that includes not less than 2 houses (whether or not it also includes development other than houses) and public components, and

(b) for which permission has been granted under Chapter 3 of Part 4.

(2) Notwithstanding subsection (1), where the circumstances referred to in paragraph (c) of subsection (1) of section 264 arise, section 264 applies to land-based development that is being, or has been, carried out—

(a) that includes public components, and

(b) for which permission has been granted under Chapter 3 of Part 4.

(3) In this Chapter—

“industrial and provident society” means an industrial and provident society within the meaning of the Industrial and Provident Societies Acts 1893 to 2021;

“owners’ management company” means—

(a) a company,

(b) an industrial and provident society,

(c) a partnership, or

(d) an unincorporated body or group of persons,

having the purpose of managing, maintaining and repairing the public components of a development referred to in subsection (1) or (2);

“public components”, in relation to a development, means those parts of a development which are described in the permission referred to in subsection (1) or (2), or expressly or impliedly required on foot of the permission, or are otherwise dedicated, as being for the use or enjoyment of the public, and includes roads, open spaces, car parks, lighting, water works or waste water works and such other parts as are prescribed;

“waste water works” means sewers and their accessories, and all other associated physical elements used for collection, storage or treatment of waste water, and any related land;

“water works” means water sources, water mains and their accessories, and all other associated physical elements used for the abstraction, treatment, storage or distribution of water, and any related land.