Section 180 of the Planning and Development Act 2000 provides the legal basis for Cork City Council to take public areas within residential development in charge.
When a residential development is carried out and completed in accordance with the relevant planning permission and all conditions attached, the developer may make a written request to Cork City Council (Development Management Planning Section) to have the public areas of the development taken in charge (for example, the roads, footpaths, car parking areas, public open spaces and services).
Alternatively, a majority of residents may also make a written request (please refer to section 180 of the Planning and Development Act 2000 as amended for further details).
A completion certificate must also be submitted from a Consultant Engineer on behalf of the developer. “As-constructed” drawings and a drainage survey must be submitted and any wayleaves and transfer of title (for example, in relation to public open spaces) if required.
On foot of a request to take an estate in charge a Cork City Council Inspector will inspect the site to ensure that all works are completed in accordance with planning permission granted and conditions attached, and to the required standards for Cork City Council to take it in charge.