asked the Minister for Local Government if he will consider introducing an amendment to the Local Government (Planning and Development) Act, 1963, providing that areas required by planning authorities to be left as open spaces will be handed over to and become the property of the local authority at the same time as the roads and services in the estate are taken in charge by the local authority.
Ceisteanna—Questions. Oral Answers. - Ownership of Open Spaces.
13.
Such an amendment would vest ownership of all open spaces in private housing estates in the appropriate planning authorities, without compensation but with the obligation for maintenance. While open spaces which are for the benefit of the public generally should be publicly maintained. I consider that discretion should be left to the local authority in the matter of acquiring open spaces which are not of general public benefit, but constitute a considerable local amenity and an attraction to house purchasers. In such cases the developer should not be permitted to escape his responsibilities. Where open space is allowed to become a dumping ground or is neglected so as to become unsightly, local authorities have adequate powers under the Derelict Sites Act to remedy the matter or even to acquire the land.
Large open spaces are of more general public utility. Local authorities have adequate powers to acquire compulsorily and to develop such areas as parks or recreation grounds. Another alternative is to make an agreement with the landowner under section 38 of the Local Government (Planning and Development) Act, 1963, regarding the use of the land. Provision of a financial character may be included in such agreements.
Where open spaces have been provided in accordance with conditions laid down in the planning permission. I understand that it is the practice of Dublin County Council to take the open spaces in charge at the same time as roads and services. The open space must, however, be offered by the landowner since it is private property.
There appears to be a tendency now in the Dublin area for planning authorities to recognise the problems associated with having a multiplicity of small open spaces and that it would be preferable in many ways to provide adequate public open space in suitable locations. The 1963 Act contains provisions whereby private developers might be required to contribute to the cost of such public open space in lieu of providing small open spaces which are difficult for the planning authority to maintain and supervise.
Could the Minister say whether the owner of a public space is at liberty to fence it so that the public will not have access to it, except at a charge?
It is either a public space or it is not, and if it is vacant, it is not. If there is a charge to get on to it, it could not be a public space, in my opinion.
Is the definition of an open space not just breathing space, space that cannot be built upon rather than a place to which the public have free access?
I think they are two separate matters.
The Minister knows the difficulty I am trying to iron out.
I do.