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Local Authority Charges

Dáil Éireann Debate, Wednesday - 18 April 2012

Wednesday, 18 April 2012

Questions (815, 816, 817, 818)

Brendan Ryan

Question:

826 Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government the reasons an estate (details supplied) in north County Dublin which is still managed by the developer, and a similar estate in north County Dublin seemingly in the same condition and management arrangement, is exempt from the charge; and if he will provide a waiver for the estate in question. [18187/12]

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Dara Calleary

Question:

844 Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the reason estates (details supplied) in County Donegal were not exempted from the household charge; and if he will make a statement on the matter. [18392/12]

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Simon Harris

Question:

846 Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the criteria applied in assessing whether an estate qualifies as an unfinished housing estate for the purposes of the household charge; and if he will make a statement on the matter. [18423/12]

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Willie O'Dea

Question:

858 Deputy Willie O’Dea asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that an estate (details supplied) in County Limerick which is served by the same pumping station as its neighbouring estate is not exempted from the household charge while the neighbouring estate is exempted; if his further attention has been drawn to the fact that the council has refused to take either estate in charge due to the difficulties that this pumping station has caused; if he will consider exempting the residents of the estate; and if he will make a statement on the matter. [18550/12]

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Written answers

I propose to take Questions Nos. 826, 844, 846 and 858 together.

As part of the process of preparing the National Housing Development Survey 2011, published by my Department in October 2011, local authorities provided details of all unfinished housing developments in their areas. Unfinished housing developments were divided into four categories as follows: Category one, where the development is still being actively completed by the developer, or where no serious public safety issues exist; Category two, where a receiver has been appointed; Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and Category four, where the development has been effectively abandoned and is posing serious problems for residents.

Other relevant factors for the purposes of the categorisation process include, inter alia: the state of completion of roads, footpaths, public lighting, piped water and sewerage facilities and open spaces or similar amenities within the development; the extent to which the development complies with the terms of applicable planning permission; the extent to which it complies with the provisions of the Building Control Acts 1990 and 2007; the provisions of the Local Government (Sanitary Services) Act 1964 as they pertain to dangerous places and dangerous structures within the meaning of the Act; the extent to which facilities within the development have been taken in charge by the local authority concerned; and where there is an agreement regarding the maintenance of such facilities, the extent to which this agreement has been complied with.

This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. The list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012. The prescribed list of estates to which the waiver applies is the final and complete list for 2012.

A revised list of estates will be prescribed for 2013 after which time the waiver for unfinished housing developments will end. Throughout this period it is anticipated that the numbers of categories 3 and 4 developments will decrease significantly as my Department continues to work with local authorities and other stakeholders to resolve outstanding issues, including through the Public Safety Initiative.

In some cases a local authority may have found that conditions in respect of a certain phase of a development were relatively good and that, for example, no serious public safety issues could be identified. This phase of the development may have been categorised under category 1 or 2. Conversely, safety issues may have been identified in another phase of the same overall development, or development in that second phase may have been abandoned altogether, implying a category 3 or 4 identification for that phase.

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