Residents of Portlaoise estate invited to sign plebiscite to be taken in charge

Residents in a Laois housing estate built by a developer that "no longer exists" are taking matters into their own hands to get work done on roads and services.

The small Powers Court housing estate off the Abbeyleix Road in Portlaoise was built some 20 years ago.

However it was never sent to Laois County Council to be taken in charge, so streets, lights and drains could be maintained by the local authority.

Now residents are signing a legal form called a plebiscite, to do the job themselves.

Cllr Paddy Buggy tabled a motion to the June meeting of Portlaoise Municipal District on behalf of residents, asking the council to investigate the taking in charge.

"This is a small estate. The critical mass of people in the estate is not there. They would welcome this," he said.

Cllr Tommy Mulligan seconded.

"There is a lot of frustration among the residents. One purchased their home a few years back and was told by a solicitor it had been taken in charge. It's 20 years since it was built," he said.

Director of Services Simon Walton explained how a plebiscite can take the place of a developer's application "where there is no developer on the pitch".

"A local authority is legally obliged to take in charge if a plebiscite is submitted by the majority of owners, not tenants, who must vote in favour. I request that the residents get a copy of our taking in charge policy, there is a plebiscite form in it, and circulate it to all the owners," he said.  

Mr Walton said that they will have to carry out surveys but this can be done after the taking-in-charge process.

The planning section of Laois County Council had given a written reply to the motion. It said "as the developer no longer exists a plebiscite can be held to ascertain the wishes of the owners of the houses".

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"Where the development has not been satisfactorily completed and enforcement action has not been taken within seven years of the expiry of the planning permission, the local authority can then undertake the taking in charge process for the following infrastructure: roads, footpaths, public car parking spaces, public open space, play areas required by planning permission, foul sewers, surface water sewers, water mains, drains, unassigned services ie ducting etc, and any other services agreed by Laois County Council at its absolute discretion".

After they receive the pebiscite, the council will see that the correct drawings and surveys are done, and then advertise the taking in charge, before finally bringing it to councillors for approval.