Taking in Charge of Residential Estates

List of Estates that have been Taken in Charge

Current Applications for Taking in Charge

List of current Taking in Charge applications.

The term "Taking in Charge" means that the Local Authority assumes liability and responsibility for roads, footpaths and public areas associated with a particular estate. When a residential development is completed in accordance with all the conditions and particulars of the planning permission, the developer or the majority of home owners may make a written request to the Planning Department to have the estate taken in charge.

Home Owner Applications

A letter requesting Kilkenny County Council to take the development in charge must be accompanied with the signatures of the majority of home owners (not tenants). Evidence of ownership must be provided e.g. copy of Land Registry Folio/copy of solicitor's letter confirming ownership.

Developer Applications

A letter requesting Kilkenny County Council to take the development in charge must be accompanied with a Certificate of the Infrastructure Compliance, a Certificate of Planning Compliance and a Certificate of Development Standard, along with as-built drawings, CCTV and other relevant documentation (see the Taking in Charge Protocol for full list of requirements).

Taking in Charge Protocol

It should be noted that when an estate is taken in charge, the roads servicing that estate are declared public roads and the estate must remain un-gated. The Council will not maintain open spaces such as lawns, trees, etc.

Statement of Facilities to be Taken in Charge
When a resolution under Section 11 of the Roads Act 1993 has been passed by the Roads Authority in respect of a residential estate, any or all of the following facilities within that estate shall also be deemed to have been taken in charge, unless those facilities have been expressly excluded in the resolution.

- Roads and footpaths
- Communal parking areas
- Public lighting infrastructure including associated electricity charges
- Fire hydrants and associated networks
- Public water supply, sewerage and storm water networks
- Wastewater treatment plants, pumping stations and associated buffer zones, (including the associated electricity charges)
- Water treatment plants and reservoirs (including associated electricity charges) and any associated protection zones
- Open spaces
- Playgrounds and similar recreation facilities; where these are required by condition of a planning permission as facilities for public use
- Communal walls and fencing
Note: Electricity Charges that were incurred prior to Section 11 Resolution shall not be the responsibility of the Local Authority.

Statement of Maintenance Services to be provided by Kilkenny County Council to a residential estate following its taking in charge

The maintenance services to be provided by the local authority following the completion of the taking in charge process, may include any or all of the following:

- Maintenance of all roads and footpaths, including unallocated street car parking
- Maintenance of water mains and drainage services
- Repair and reinstatement of roads, footpaths and landscaped areas resulting from repair and/or maintenance of underground services (water mains and drainage services) carried out by the authority
- Upkeep and maintenance of all public lighting installations
- Upkeep and maintenance of all surfaces, fixed elements and rigid play equipment in play lots and playgrounds in cases where the playground or play lot was required by condition of a planning permission

The Council will not maintain open spaces within the development.