Housing Infrastructure

Adopting a Road

A road may be declared a public road. A right-of-way must exist for the benefit of the public. The local authority must consider the public utility in adopting and declaring the road in charge. It must consider the financial implications of so doing.

The authority publishes notice of the proposal in a newspaper giving certain details. The maps must be made available for inspection and representations may be made. The declaration is made by resolution of the elected members.

Where planning permission is for the development of two or more houses and the roads sewers and water mains have completed or more seven years has elapsed since that end of the planning permission life without commencement of enforcement proceedings then the developer or majority of the owners and occupiers may request the planning authority to adopt the road.

The planning authority may hold a vote to ascertain the wishes of the owners. It is obliged to comply with the request and take in charge roads open spaces car park sewers, water mains and drains.

Unfinished Estates

Planning authorities have special powers in relation to unfinished estates. They may acquire land designated for public space under a planning permission. They may serve a request on the owner requiring the land to be developed for open space and transferred within a period and made available for that purpose within a period.

If the owner fails to do so, the planning authority may acquire the land by publishing notice. The notice specifies that parties with an interest in the land may object by appeal to an Bord Pleanala. There is limited compensation in relation to land the subject of an acquisition notice. It may not be payable other than under limited circumstances. It is subject to planning permission and costs laying out open space are deducted. The acquisition notice is registered under planning register.

Requested Taking in Charge

There is a procedure by which residents can have the planning authority take their estate in charge, subject to conditions. Where a development is not satisfactorily completed the planning authority will generally seek to enforce against the developer. If it fails to do so, the planning authority must take the estate in charge if requested by a majority of the owners concerned. The local authoirty may complete the works itself. It may have recourse to any security available under the planning permission.

The planning authority may take immediate action where enforcement would not result in satisfactory completion in its opinion. This is something that occurred widely after the financial crisis and collapse of the building sector.

Under the 2010 legislation the planning authority may, on request made by the owners of the houses in the development proceed to take the estate in charge as soon as the planning permission has expired even if enforcement action can be taken.

Wires & Cables

Local authorities have powers to lay cables wires and pipelines on, under or over land with the consent of the occupier/owner. They may attach brackets and fixtures to any structure to support cables wires et cetera.

Consent is not required where the land is part of a public road even if not vested in the local authority. Consent may not be unreasonably withheld. The question of unreasonable withholding of consent may be referred to an Bord Pleanala. Compensation for reduction in value of the land or disturbance in occupation may be awarded.

The planning authority may authorise persons to enter land during business hours for a purpose connected with the Act. It may survey, carry out inspections and take levels, make excavations and examine the depth and nature of the subsoil.

The local authority must obtain the consent of the occupier or owner in the case of an occupied land or  serve a notice of its intention to enter the land. The person notified may appeal to the District Court to prohibit the order within 14 days.

Flood Protection

The Local Authorities Works Act 1949 grants powers to local authorities to do works for flood protection. This may include works considered necessary to  protect from flooding landslides subsidence of lands owned or maintained by them.

They may undertake works in relation to land not owned by them where is the public interest to relieve or avoid damage from flooding. This applies to roads, bridges, houses walls embankments et cetera. Works may include making drains removing things that obstruct watercourses, widening and deepening of watercourses making or preparing walls embankments and the diversion of water.

The local authority may enter lands with the consent of the occupier on giving  not less than 14 days’ notice of its intention to do so. No notice is required in the event that urgent works are required. A person who is notified may apply to the District Court for an order prohibiting entry. Compensation is payable by reason of interference caused by the works. The matter is referred to a land arbitrator in default of agreement.

Electric Lines

The  ESB or other authorised providers with consent of the Commission for Utilities Regulation may place electric lines above or below ground across any land and attached to a wall house or the building any bracket or fixture required for such wires conductors or apparatus.

Notice must be given to the owner or occupier of the land stating the intention to attach the fixture and giving details of its location. The owner or occupier may consent in which event the work may proceed. If the owner occupier does not consent within seven days the wire line et cetera may be put in place, subject to the right of the owner or occupier to compensation.

Road Opening

The Communications Regulation Act provides a procedure by which  a network operator may seek and obtain consent of a roads or other  authority to carry out an opening a public road for the purpose of laying replacing or maintaining electronic  cables and associated equipment. It may do  emergency works, without prior consent, provided that that the Authority must be notified as soon as possible.

The roads authority may grant consent to the network operator subject to conditions. The may not discriminate  unfairly between network operators. A charge may be imposed cover to costs including monitoring administration and securing reinstatement.

The Authority may adopt a scheme after public consultation regarding use of underground road space, conditions applicable to consents, criteria charges and repairs.

The Minister for the Environment in consultation with others issue guidelines in relation to such schemes including public consultation, conditions, restrictions and requirements applicable to consents. The Minister for the Environment may issue policy directions in relation to the powers.

Consents

In considering an application for consent the roads authority has regard to the existing and potential use and availability of space under the road including that  of ducting, traffic control, protection of the environment and amenities, reinstatement of the road and its scheme.

If there is breach of the terms of the consent it may be withdrawn. Application may be made to the High Court for an order prohibiting non-compliance and directing compliance. Procedures apply to the grant and withdrawal of consent. Notice is given and representations are sought within a 21 day period. The network operator may appeal the decision within 28 days to the High Court.

Obstructions

Roads authorities has power to lop and cut trees hedges and shrubs which obstruct or interfere with infrastructure. Prior notice must be given to the landowner and occupier who may decide to do the work and recover the cost from the network operator or allow the operator to do it itself. After the requisite period the network operator mentor land carry out work making good any damage caused.