asked the Minister for Local Government if he will state fully the legal position of local authorities in regard to the taking in charge of roads in private builders' housing estates, stating, in particular, in what circumstances it is legally impossible for the local authority to take over the road; and what action may be taken by a local authority in the event of a builder failing to put such a road into a state where it may be taken over by the authority.
Ceisteanna—Questions. Oral Answers. - Roads in Private Builders' Housing Estates.
20.
The general position is that local authorities have power, at their discretion, to take any road in a private housing estate in charge provided they are satisfied that a public right of way exists over it and that the road is of general public utility. As regards the last part of the question, local authorities can refuse to take over estate roads which they consider have not been constructed to an adequate standard. The only alternative action open to them is to require the owners or occupiers of premises fronting on to the road to have it put into a proper state of repair or, in default of their doing so, to undertake the work themselves and to recover the cost from the owners.
21.
asked the Minister for Local Government what local authority services are not extended to persons living in houses on a road which has not yet been taken over by the local authority; and for how long a period may such residents be deprived of these services.
I assume that the Deputy is concerned with the position in Dublin city. I am informed that the only service normally provided by the Corporation which is not extended to residents on a road which has not been taken in charge is the maintenance of the road and footpaths. This service is not provided until the road is taken in charge.
22.
asked the Minister for Local Government if he is aware that in the case of a road in a private building development in Finglas, Dublin the developer of the estate left the road not in a fit state to be taken over by the local authority some ten years ago; and that since then the road has never been taken in charge and the residents on the road are still denied essential local authority services; and if he will investigate the situation with a view to taking action to ensure that this intolerable position is brought to an end.
I assume that the road referred to by the Deputy is Sycamore Road. As this road has not been taken in charge, the Corporation are not empowered to carry out repair work on it. Such work is the responsibility of the developer. I understand that the Corporation have been endeavouring to get the developer to complete outstanding work on this estate in order to enable the road to be taken in charge and that they are considering what further steps should be taken.