asked the Minister for Local Government whether he will consider a complete review of the taking-in-charge of housing estates by local authorities.
23.
Ceisteanna—Questions. Oral Answers. - Housing Estates.
22.
asked the Minister for Local Government why there is so much delay, in some instances up to 15 years, in the completion of so many housing estates in Dún Laoghaire-Rathdown and County Dublin areas.
24.
asked the Minister for Local Government if he will consider giving residents' associations in Dún Laoghaire-Rathdown and County Dublin grants towards the cost of completing their various estates.
I propose, with your permission, a Cheann Comhairle, to take Questions Nos. 22, 23 and 24 together.
I am not satisfied that there is at present any need for a general review of the powers and procedures of local authorities in regard to the taking in charge of private housing estates. The position in this regard was fully examined when the Local Government (Planning and Development) Act, 1963, was being framed, and provisions were included in that measure giving planning authorities effective powers to ensure in future that private housing estates are properly completed. In particular, under section 26 of the Act, they are empowered when granting permission, to impose conditions requiring the giving of security for the satisfactory completion of proposed developments (including maintenance until taken in charge by the local authority of roads, open spaces, carparks, sewers, water mains and drains). Section 35 of the Act empowers them to take enforcement action against defaulting developers and, if necessary, to undertake the works required themselves and to recover the cost from the developer. By exercising the new powers conferred on them by this Act, planning authorities can now ensure that there will be no further cases of uncompleted estates or of delays in the proper completion of estates such as those mentioned by the Deputy.
I am informed that these delays were due to default on the part of the developers or, in some cases, financial difficulties or death of a developer. The local authorities have power to take private estates in charge when they are offered to them, but a decision on such an offer is a reserved function. The local authorities have naturally been reluctant to take in charge estates which have not been properly completed because the expense of bringing works up to the necessary standard would fall on the general body of ratepayers.
From reports I have received from the local authorities in the Dublin area, I am aware that since the 1963 Act was brought into operation a full survey of uncompleted estates has been carried out and the local authorities are making every effort to secure that outstanding works are completed. In some cases, they have initiated the enforcement procedure under the 1963 Act. Other cases are being examined to see if the procedure can appropriately be applied.
As regards grants I am prepared to consider the allocation to residents' associations of grants under the Amenity Grants Scheme administered by my Department, for the provision or improvement of open spaces or other projects of an amenity nature coming within the scope of the scheme.
What is the position if a building company which was developing an estate has since gone into liquidation and the scheme has not been completed? What action can the Minister's Department take?
That is one of the types of case I have mentioned that was throwing up difficulties, and at this juncture all I can say is that it would appear that a local authority would have to take it over, do whatever had to be done, and apply to the rates for the wherewithal to pay for it.
Is it the intention of the Minister that that will be done in the immediate future, or is it a matter which will continue for another ten or 15 years?
No. That should only apply, if the proper recourse is had to the present law, in respect of past cases.