Unfinished Housing Developments

Dáil Éireann Debate, Tuesday - 17 December 2013

Tuesday, 17 December 2013

Questions (397)

Catherine Murphy

Question:

397. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if a local authority may insist on a particular template to be followed where residents seek to petition to have their uncompleted estate taken in charge under section 180(2)(a) of the Planning and Development Act 2000, as amended by section 59 of the Planning and Development Act 2010 and if so, if the local authority must make this template available; and if he will make a statement on the matter. [53966/13]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Section 180(1) and (2) of the Planning and Development Act 2000, as amended, which refers to a planning authority being “requested” by a majority of the owners of the houses in an estate to take the estate in charge, does not make a reference to a request being in a particular form or template. The interpretation of the Act in this regard is a matter for the relevant planning authority in the first instance and would be a matter for the Courts in the event of a dispute.