Dáil Éireann Debate, Tuesday - 13 June 2006
445 Mr. Durkan asked the Minister for the Environment, Heritage and Local Government if he has sought or received information from the various local authorities in regard to the number of unfinished housing estates throughout the country; his plans to resolve the issue, either directly or through the local authorities; and if he will make a statement on the matter. [22817/06]
View answerIn circular letter PD 1/06, issued on 25 January 2006, my Department requested certain information from planning authorities regarding estates to be taken in charge. A summary of this information, based on replies received from planning authorities, is set out in the following table:
|
1 |
Housing estates to be taken in charge in 2006 |
587 |
|
2 |
Number of houses involved in estates in Answer 1 |
27,449 |
|
3 |
Number of housing estates for which the life of the relevant planning permission expired more than 2 years ago which have not yet been taken in charge |
2,181 |
|
4 |
Number of estates referred to in Answer 3 in which the relevant permission expired more than 7 years ago |
883 |
|
5 |
Number of estates referred to in Answer 3 which are finished (i.e. completed to the required standard under the planning permission) |
771 |
|
6 |
Number of houses involved in the finished estates referred to in Answer 5 |
33,098 |
|
7 |
Number of estates referred to in Answer 3 which are unfinished (i.e. not completed to the required standard within the appropriate period or since) |
1,155 |
|
8 |
Number of houses involved in in the unfinished estates referred to Answer 7 |
32,592 |
Note: The status of some estates, i.e. finished or unfinished, was not known by planning authorities, hence the total of the number of finished and unfinished estates in Answers 5 and 7 (1,988) does not equal, as it should, the number of estates in Answer 2. Circular letter PD 1/06 also stated that it is necessary for all planning authorities to establish, as a priority, a policy on taking in charge which should be approved by the members of the authority, and reported on to those members on a regular basis and at least once annually. It was further stated that the policy should as a minimum provide that: developers should be required, through the development management process/permission, to complete estates to a standard that is acceptable to the authority for taking in charge, whether in its entirety or, for larger developments, in stages; certain specified standards to be met. Those standards should be set out, where possible, in consultation with local representatives of the construction industry; an acceptable level of security to be provided by the developer towards the completion of the estate. This security will not be released until the estate is completed to the specified standards; the procedures to begin taking in charge housing estates will begin promptly on foot of a request by the owners of the houses in the estate or by the developer, as appropriate. Where an estate is not completed within the appropriate period, enforcement action will be pursued against the developer vigorously and promptly to ensure that the developer completes the estate. All available legal remedies will be used to enable that to be done. The bond obtained from the developer will be applied to carry out any outstanding work where needed to ensure the estate is completed within a reasonable period; sufficient funding will be made available from local authority resources to address ‘problem' or longstanding cases on a phased basis. Timeframes for taking in charge such cases will be communicated to local residents and adhered to. Particular priority will be placed on resolving those estates that have been left unfinished/not taken in charge for the longest period.
Finally the Strategic Infrastructure Bill, which is currently before Dáil Eireann, proposes to amend section 35 of the Planning Act to enable the planning authority to refuse permission to a developer who has been in substantial non-compliance with a previous planning permission. The applicant will have to apply to the High Court if he or she wishes to have the decision overturned. This will be a reversal of the current position as set out in section 35, whereby a planning authority wishing to refuse permission in such a case must obtain the authorisation of the High Court.
