Westmeath County Council Taking In Charge Process
Taking in charge is a formal legal process by which responsibility for certain public areas and services in a private residential development or estate are transferred to, or put in the charge of, by a local authority.
When a residential development is completed in accordance with all the conditions and particulars of its planning permission, the developer or a plebiscite of home owners, may make a written request to the Planning Department to have an estate taken in charge (open green spaces, roads, public lighting and services). The application may be made using the Councils Taking in charge application form.
In order to facilitate the taking in charge process, Westmeath County Council have produced a TIC Policy for Private Housing Developments Feb 06 and specifications listed below which shall be consulted to achieve a timely and efficient Taking In Charge process.
The requirements of the taking in charge process are listed below.
If any surface water sewers are on third party lands, 10m wide (5m either side) wayleaves/burdens to be put in place. This is to allow for future maintenance works to be able to take place. Any costs incurred for this to be borne by the developer/landowner.
As part of the Taking in Charge process, the Council requires the public lands including roads, footpaths and open spaces within this development to be transferred to the Council. Therefore, once taken in charge, legal responsibility for the public areas within this development will be transferred from the landowner over to the Council.
The public lands within this estate need be shown on an original Ordinance Survey land registry compliant map certified by a chartered engineer.
A standard, signed and witnessed "Deed of Transfer" document transferring ownership of these areas to Westmeath County Council for a nominal sum of €1 shall be attached with the land registry compliant maps. This standard document can be drawn up by your Solicitor and all costs involved with the transfer process as outlined above must be borne by the developer/landowners.
Please request your solicitor to forward, by registered post, the Deed of Transfer together with the Land Registry compliant maps to the Council's Solicitor.
When the residential development has been taken in charge by the Council, it is highly recommended that a residents committee is established to maintain the public green areas within the estate.
Any queries in relation to the taking in charge process shall be addressed to email@example.com.