This article is from page 4 of the 2013-02-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
HUNDREDS of Clare people have reached out to Clare County Council asking that their housing estates be taken ‘in charge’ by the local authority. Residents in 49 different estates have made an official approach to Clare County Council, using the new Section 180 legislation.
To date, however, the local authority has not been in a position to take any of these estates ‘in charge’. A number of technical difficulties have been identified in the Section 180 legislation, which has left hundreds of Clare people in ongoing limbo.
While many of these estates have been abandoned by the developer, some have an active developer and others are completed or in a nearcompleted state. In some of these estates, the developer has also contacted Clare County Council asking that the site be taken in charge.
Bonds are in place to cover the completion of works on many of the unfinished estates. However, these bonds are understood to be worth far less than the total work which is required to be carried out.
Clare County Council currently hold 113 bonds for housing development with a combined value of € 5.2 million.
Section 180 legislation also requires that the developer furnish the council with CCTV footage of the estate’s sewerage system and a full set of post-completion before an estate can be taking in charge. The expense of completing these tasks is preventing a number of finished estates from being handed over to the local authority.
According to North Clare councillor Joe Arkins (FG), some developers are using the conditions in the Section 180 legislation to put off expensive works on estates.
“People are being left in a total limbo. Developers apply to be taken in charge by the council, then when the councils gets back to them looking for the CCTV or the updated plans, the developer doesn’t follow. So the developer can tell the residents that they have applied to the council but nothing will ever happen,” he said.
Cllr Arkins has also requested that Clare County Council seek legal advice to determine if the local authority would be libel for any injuries sustained by residents of unfinished estates who have requested to be taken in charge.
“There could be a liability there, if someone falls down a hole in an unfinished estates, and the residents of that estate have been trying unsuccessfully to have that estate taken in charge. I have asked that we get legal advice on this,” he said.