Who’s in charge? Leitrim County Council outlines housing development responsibilities

Clarity was sought on the number of housing estates in the Ballinamore Municipal District that have been taken in charge, those currently in the process, and the requirements for an estate to be taken in charge by the Council.

Cllr Gary Prior tabled the motion, noting that councillors receive frequent queries from residents regarding the status of their estates.

A detailed response from the Economic Development section confirmed there are 79 housing developments in the Ballinamore Municipal District.

These include residential housing, local authority housing and holiday home developments.

Of these, 40 developments have been taken in charge by the Council, 16 are not in charge, 22 do not qualify to be taken in charge and one is partially in charge.

The partially in charge development is located in Drumshanbo, where a section is managed by an approved housing body, accounting for its partial status.

Developments of two or more houses with a new road may apply to be taken in charge by the Council.

However, applications can only be made by the developer, or after a period of time, by a majority of homeowners. The process only commences once an application is submitted.

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The response outlined that roads within an estate must first be declared public roads - a decision that is a reserved function for members of the Council.

Importantly, taking in charge does not grant ownership of the estate to the Council, nor does it create an obligation to maintain it. 

Under the Roads Act of 1993, the Council is required to maintain public roads, which include carriageways, footpaths, street lighting, and road drainage systems. 

Once an estate is taken in charge, the Council is responsible for maintaining these elements.

Water services such as mains and sewer networks are included once roads are public, but the responsibility of maintaining this infrastructure lies with Uisce Éireann, not the Council.

Maintenance of open spaces is not the responsibility of the Council either. Responsibility lies with the residents to maintain the open space in their estate.

A presentation on unfinished housing estates will be included in the agenda of the May meeting of Ballinamore Municipal District.

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