Council says work needs to be carried out in order to assume responsibility for Kildare estate whose developer went bust
Kildare Co Council has said that an estate built nearly 20 years ago needs more work to be carried out before the local authority assumes responsibility for its upkeep.
The term “Taking in Charge” means that the council assumes liability and manages roads, footpaths and public areas associated with a particular estate.
Cllr Suzanne Doyle requested a progress report on the status of Loughminane Green at this week's local Municipal District meeting.
The developer of the estate, Croftbeam Company Limited, closed down in 2013.
The Council said that 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 Development Control Section of the Council to have the estate taken in charge.
The Council replied to Cllr Doyle that Development Control officials don't have any record of a request to take in charge (TIC) the estate from either the developer or a majority of the homeowners.
A Section 180 request from a majority of the homeowners in the estate is therefore required, in accordance with Section 180 of the Planning and Development Act 2000, as amended.
Once a valid Section 180 request is received, Kildare County Council will, within 6 months, initiate the procedures under Section 11 of the Roads Act, 1993.
The Council added that there is an Insurance Bond valued at IR£150,000 in place for the development, which is valid until the estate is TIC.
The Council said it attempted to call in the bond from the insurance provider Hermes Kreditversicherungs in 2019 and 2020 "but it reportedly requires further information to release the Bond."
A Council statement added: "The developer failed to construct the estate to a TIC standard, and therefore, the estate cannot be TIC until remedial works are completed. The developer, Croftbeam Company Limited, was dissolved on 19/11/2013.
"No CCTV surveys or As Constructed Drawings (ACDs) were provided by the developer to Kildare County Council, as required by the conditions of the relevant planning permissions.
"Multiple stages of further intrusive / detailed investigations are required to establish the current condition of the civil infrastructure, with a view to establishing the overall scope of works required to bring the estate up to TIC standard.
"Development Control are currently investigating possible funding options to move ahead with the preliminary investigations in the estate should a valid Section 180 request be received."