I propose to take Questions Nos. 486, 488 and 489 together.
Departmental Circular PD 1/08 of February 2008 updated the earlier policy guidance issued by my Department and replaced Circulars PD 1/06 and 5/06. Circular PD 1/08 required all planning authorities to develop or update, as appropriate, their policy on taking in charge by the end of June 2008 on the basis of the framework, and wider housing and planning policy guidance, as set out at the annex to the circular. One of the core principles underpinning the framework for taking in charge - which must be reflected in each planning authority policy on this matter - was that where there are core facilities in existing residential developments which were approved by the planning authority on the basis that they would remain private and be maintained by a management company, these must be taken in charge if the majority of residents request it, subject to the requirements of section 180.
This policy guidance was incorporated into the Sustainable Residential Development in Urban Areas Guidelines for Planning Authorities which were issued by my Department in May 2009 under section 28 of the Planning and Development Act 2000.
I am not aware of planning authorities failing to comply with requests to take estates in charge nor am I aware of difficulties of interpretation in this regard.
Section 3 of the Planning and Development Act 2000 defines a house as “a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building.” This definition has not been amended since its enactment.
