Unfinished Estates

The term “unfinished” may have certain meanings or related perceptions, therefore for a more informed view of the term one should refer to the Department of the Environment, Community & Local Government website www.environ.ie The categorisation applied by the Department of the Environment, Community & Local Government in its national survey of 2010-2011 in relation to “unfinished” estates identified the following categories; 

Category 1: Developer present and active.

Category 2: Developments where a receiver had been appointed.

Category 3: Developer present but not active.

Category 4: Abandoned developments (no developer present) with serious public safety issues.

The national survey of unfinished developments carried out in 2010-2011 assigned these categories to developments of two or more units that had commenced at the time. It was determined that 168 of the developments in Cavan County Councils administrative area fit one of the categories outlined.

The initial focus of activity in the unfinished estates area has been on potentially unsafe sites. The target was to reduce the total number of sites by 25% each year and this target has been achieved. The total number remaining on the list is 2. It is our intention to resolve them by the end of 2022.

Actions in Cavan have now shifted, and we are focussed on developments that have not been completed in line with the original planning permission but were not included on the departments list of 2010 - 2011. In many cases, such developments may need a longer-term plan to resolve them, or incorporation in to a new planning permission. In this regard the Council is working with receivers and developers, and other relevant agencies to secure completion of public areas within the developments.

Taking in Charge

The term “Taking in Charge” means that the Local Authority assumes responsibility for certain services located within the common areas and public areas associated with a particular estate. When a residential development is completed to the satisfaction of the Local Authority, the developer or, in certain circumstances the majority of home owners, may make a written request to the Planning Department to have the estate taken in charge. The application may be made using the appropriate Taking in Charge application form

• Taking in Charge Policy.docx (size 86.5 KB)

Cavan County Council's Taking in Charge and procedures in relation to taking in charge of private housing developments has regard to the requirements of Departmental Circular Letter PD 1/08 dated 26 February 2008 and DECLG circular PL5/2014, dated 5th November 2014 together with Section 180 of the Planning & Development Act 2000 (as amended) and Section 11 of the Roads Act 1993.

Statement of Maintenance Services to be provided by Cavan County Council once your estate has been taken in charge

When a resolution under Section 11 of the Roads Act 1993 has been passed in respect of a residential estate, any or all of the following facilities that are located within the common areas of that estate shall also be deemed to have been taken in charge, unless those facilities have been expressly excluded in the resolution.

• Roads and footpaths.
• Public lighting infrastructure including associated electricity charges
• Fire hydrants and associated networks
• Public water supply, sewerage and storm water networks
• Wastewater treatment plants, pumping stations and associated buffer zones, (including the associated electricity charges)*
• Water treatment plants and reservoirs (including associated electricity charges) and any associated protection zones
• Open spaces

*Note: Electricity Charges that were incurred prior to the Section 11 resolution shall not be the responsibility of the Local Authority.

The Council will not maintain open spaces such as lawns, trees, etc. It is recommended that the appropriate level of public liability insurance be at all times maintained by the management company/residents association. All estates must remain ungated

• The Meadows, Shercock TIC Map (PDF 161.9 KB)

Ballyjamesduff Municipal District

Arva

• Bruce Manor, Arva TIC Map (PDF, 821.7KB)

Ballinagh

• Ashgrove, Ballinagh TIC Map (PDF, 185KB)

Ballyjamesduff

• Cul Na Greine, Ballyjamesduff TIC Map (PDF, 781.1KB)
• Islean, Ballyjamesduff TIC Map (PDF, 980.8KB)
• Lismeen Hills, Ballyjamesduff TIC Map (PDF, 3069.4KB)
• Park Avenue, Ballyjamesduff TIC Map (PDF, 326.7KB)
• Percy French Place, Ballyjamesduff TIC Map (PDF, 1.2 MB)

Kilnaleck

• Cul Lana, Kilnaleck TIC Map (PDF, 424.8KB)

Mullagh

• Ardlo Manor, Mullagh TIC Map (PDF, 746KB)
• Curragh Park, Mullagh TIC Map (PDF, 680KB)
• Dun Mallach, Mullagh TIC Map (PDF, 174KB)
• Fairgreen Park, Mullagh TIC Map (PDF, 184KB)
• Glen Alainn, Mullagh TIC Map (PDF, 1129.3KB)
• Kilian's Court, Mullagh TIC Map (PDF, 859KB)
• Oak Park, Mullagh TIC Map (PDF, 391.1KB)

Virginia

• Deerpark Manor, Virginia TIC Map (662.1KB)
• Headford Grove, Virginia TIC Map (PDF, 576.0KB)
• Swiftbrook Glen, Virginia TIC Map (PDF, 3083.5KB)

Cavan-Belturbet Municipal District

Ballyconnell

• Bothair Bui/Bothar Glas, Ballyconnell TIC Map (PDF, 1115KB)

Belturbet

• Beechmount, Belturbet TIC Map (PDF, 150.1KB)
• Deanery Banks, Belturbet TIC Map (PDF, 241KB)
• Erne Court, Belturbet TIC Map (PDF, 1.1 MB)

Blacklion

• An Bonnan Bui, Blacklion TIC Map (PDF, 1.5 MB)

Cavan Town

• Ardkeen, Cavan Town TIC Map (PDF, 593.3KB)
• Ashrove, Drumalee, Cavan Town TIC Map (PDF, 177KB)
• Aughnaskerry Drive, Cavan Town TIC Map (PDF, 3196.0KB)
• Brookside, Cavan Town TIC (PDF, 482.5KB)
• Carrickfern, Cavan Town TIC Map (PDF, 2461.7KB)
• Creighan Drive, Cavan Town TIC (PDF, 647.9KB)
• Drumcarraig, Cavan Town TIC Map (PDF, 1624.8KB)
• Drumglen/Drumglen Drive, Cavan Town TIC (PDF, 949.2KB)
• Drumnavanagh Close, Cavan Town TIC Map (PDF, 187KB)
• Lakeview, Cavan Town TIC (PDF, 1503.6KB)
• Kesh Road, Cavan Town TIC Map (PDF, 480.3KB)
• Loreto Wood, Cavan Town TIC (PDF, 1223.3KB)
• Meadow Park, Cavan Town TIC Map (PDF, 743.4KB)
• Sean Bhothar, Cavan Town TIC Map (PDF, 180KB)

Home Owners' Application Form

The application form must be accompanied with the signatures of the majority of the home owners (not tenants). 

View Taking in Charge Residents Association Application Form.docx (size 40.7 KB)

Developer Application Form

The application form must be accompanied with a Certificate of Infrastructure Compliance, a Certificate of Planning Compliance and a Certificate of Development Standard, along with as built drawings: CCTV and other relevant documentation ( see Taking in Charge Policy for full list of requirements).

View Taking in Charge Developer application form.docx (size 41.3 KB)

Exclusions

What type of developments will not be considered for taking in charge?

This policy sets out the conditions under which an estate would be considered for taking in charge. As a general rule it will not be the policy of Cavan County Council to declare roads serving the following developments to be public roads under Section 11 of the Roads Act 1993.

• Apartment blocks
• Gated developments
• Holiday home type developments

Notice Of Declaration Of Public Roads

• Roads Act 1993 (Section 11)
• Roads Regulations 1994
• Planning & Development Acts 2000 As Amended

Notice is hereby given that Cavan County Council proposes to make a declaration that the roads in the following named housing developments should be public roads.

Maps showing the roads proposed to be made public may be inspected at the following locations during normal working/office hours from Friday, 9 February until Friday, 8 March 2024:

• Bailieborough-Cootehill Municipal District Offices, Courthouse, Cootehill.
• Ballyjamesduff Municipal District Offices, Courthouse, Virginia.
• Cavan-Belturbet Municipal District Offices, Courthouse, Ballyconnell.
• Customer Service Desk, Johnston Central Library, Farnham St, Cavan.

 The maps shall also be available to view online at the links below during this time:

• Clementstown, Cootehill TIC Map (PDF, 592KB)
• Shamrock Drive, Kingscourt TIC Map, (PDF, 592KB)
• Cluain Dara, Kingscourt, TIC Map, (PDF, 552KB)
• Station Lane, Swellan, Cavan TIC Map (1.6MB)
• Drumglen Drive, Cavan TIC Map (889KB)

This process provides for the above estates and roads to be taken in charge pursuant to the requirements of Planning & Development Acts, Roads Acts, and the Water Services Acts.

Observations or representations to the proposed declaration may be made in writing to the Senior Executive Engineer, Building Control Department, Cavan County Council, Johnston Central Library Cavan before close of business on Friday, 22 March 2024.

Pat Gaynor
Senior Executive Engineer,
Building Control Department