I propose to take Questions Nos. 751 and 763 together.
In late 2005 my Department contacted all planning authorities, including Kildare County Council, enquiring as to their policy regarding attaching planning conditions in relation to management companies to planning permissions for (a) estates comprising apartments only, (b) estates comprising a mix of apartments and houses and (c) estates comprising houses only. Following on from the results of this survey my Department issued policy guidance in July 2006 in the form of circular letter PD 5/06. In that circular letter it was made clear to planning authorities that they should not require the establishment of a management company for a traditional housing estate other than in very specific instances, e.g. to maintain a facility which is for residents' sole use.
The policy guidance did acknowledge, however, that the question of who should be responsible for the maintenance of certain shared facilities in the newer type of mixed estate needed further examination. Accordingly my Department established a Working Group, representative of local authorities, architects, planners and consumer interests to consider this issue and other related issues around taking in charge of estates. The Group has now completed its work and has produced suggested draft policy guidance for consideration.
I will carefully consider the draft policy guidance in the context of the new Programme for Government commitments in this area, in order to determine the most effective course of action.