asked the Minister for Local Government if he is aware that Lawnswood Park, Foxrock, Dublin was completed by the developer two years ago and has yet to be taken in charge by the local authority; and if he will give the reason for the undue delay in the taking in charge of this park.
Ceisteanna—Questions. Oral Answers. - Foxrock (Dublin) Park.
9.
I understand from Dublin County Council that a request from the developer to take this estate in charge was received by the council in July, 1967; that negotiations are proceeding, and that no undue delay in taking the estate in charge is foreseen by the county council, provided agreement is reached in regard to any work remaining to be done by the developer.
Suppose the developer refuses to agree with the local authority as to what work remains to be done and that dispute is not resolved, what happens?
The council can deal with that matter. Normally, the developer would be required to submit sureties that he would, in fact, carry out the development in accordance with the requirements of the local authority and these can be enforced.
I am not trying to ask the Minister a question to which possibly he may not have the answer at hand. What is the procedure? Does the local authority sue the developer or is there any court procedure by which they can get an order compelling him to do the work or indemnifying the local authority and giving them the right to go in and do the work and recover the cost from the developer as a civil debt?
Yes. They would normally be in a position to take any of those courses. If the developer refuses to do the work, they can do it and recover the cost from the developer.
In the ultimate event of agreement failing to be reached, the local authority can go in and do the work and charge it up?
They can eventually do that, provided that is one of the conditions of the original approval.
Is it a condition of the planning authority to provide a public road into these schemes? These are all private roads and the local authority will not take over and be responsible for the upkeep of a private road.
Unless the road meets their specifications. It is the local authority's function to ensure that it does.
The local authority must first of all declare it a public road and that is not a condition for the developer when he comes in to develop an area.
It should be a condition that the roads are made to the required specification of the local authority. The local authority then insists that before a road is taken in charge, it is in fact brought up to that standard.
There is a six months' retention on all of these developers. Is there a period of retention on the road, whether it be six months or three months, before the developer is responsible for its unkeep and maintenance?
The local authority can take the road in charge on request, provided it meets their specification.
Will the Minister tell me is it on request from the tenants or from the builder?
If Deputy Coughlan wants information——
I want you to know your job.
——he can put down a question.
I have it, but you have not. That is the difference.
On the request of the developer.
Nonsense. If the tenants request the road to be taken in charge, the local authority cannot do it.
They can take it over at the request of the developer.
What about the request of the tenants?
The tenants have nothing to do with it.
That is it.
(Interruptions.)
Will Deputies please allow questions to continue?