Repairs to public lighting possible for estates not yet taken in charge

Cathaoirleach Cllr Justin Warnock asked Leitrim County Council for a progress report on the taking in charge of Cois Na hAbhainn, Tullaghan, as well as Dartry View, Dartry Vale, Melvin Fields and Oakfield Lawn, Kinlough at the latest Manorhamilton MD meeting.
He was advised that while the estates are yet to be taken in charge, the council may still be able to maintain public lighting in the estates. The response noted that it is "acknowledged that the main issue and concern for residents in estates that have not yet had their taking in charge procedures completed is street lights not operating." The response gave the example of The Acres estate in Dromahair, where the council entered an agreement "with the relevant landowner which included the granting of a wayleave to the council over the lands for the purpose of maintaining the streetlights and an indemnity to the council in respect of any injury claims that might arise in the period between the council commencing the maintenance of the street lights and the final taking in charge of the estate."
The response concluded that the council can only provide street lighting maintenance where it has received a request for the taking in charge of the estate; has either settled the bond claim or holds a cash deposit for the estate; the registered owner of the common areas of the estate grants the council the requisite wayleave to enter the lands for the purpose of maintaining the street lights; and the registered owner of the lands provides the council with an indemnification against any injury claims that may arise.  
 
Cois Na hAbhainn in Tullaghan
With regard to Cois Na hAbhainn in Tullaghan, the council said it has not been requested to take this estate in charge and noted that all works to the estate have not yet been completed. 
 
Dartry View
The Council has received a request for the taking in charge of the Dartry View and Dartry Vale estates and these are being considered. Works to the estates are complete and it is not expected that any significant problems will arise during the taking in charge process. Due to resource constraints, these estates are not included in the current tranche of estates that are being progressed through the formal taking in charge process, and consultations with Uisce Éireann have not commenced. 

 
Melvin Fields
Regarding Melvin Fields, Cllr Warnock was advised that this estate is the most advanced in the taking in charge process and the council intends to engage a contractor to undertake the remedial works. However, he was also told that discussions with Uisce Éireann in respect of the equitable apportionment of the bond monies have yet to be concluded and there remains an outstanding foul sewer wayleave requirement over third party property that will have to be resolved prior to this being finalised.

 
Oakfield Lawns
Oakfield Lawns is a relatively recent applicant estate for taking in charge, with the Council only having been requested to take it in charge in 2020. Due to the COVID restrictions and the ongoing assessments and surveys of earlier applicant estates, the Council has not yet commenced the surveys required to consider this estate for taking in charge.

 
The response concluded that the Council cannot undertake the necessary conditional surveys, the procurement of contractors and consultation/agreement with Uisce Éireann for all estates at the same time and the taking in charge process must have regard to the council's resources and other competing demands.