Planning Issues

Dáil Éireann Debate, Wednesday - 16 April 2014

Wednesday, 16 April 2014

Questions (114, 123, 124, 125, 127)

Seán Ó Fearghaíl

Question:

114. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government to set out the position regarding the taking in charge of estates by local authorities; if he accepts that the Planning and Development Acts require a local authority to take all services in charge while the 2015 Act establishing Irish Water gives responsibility for all water services to Uisce Éireann; if he will produce a protocol to address this issue or whether legislation is required; if the matter will be addressed as a matter of urgency; and if he will make a statement on the matter. [18138/14]

Martin Heydon

Question:

123. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government to detail the efforts being made to address transitional issues arising from the taking in charge of estates by local authorities following the establishment of Irish Water; the timescale expected for these to be resolved; and if he will make a statement on the matter. [18212/14]

Martin Heydon

Question:

124. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government to set out the protocols that are being developed and procedures to be followed in the taking charge of housing estates by local authorities and the subsequent transfer of waste services infrastructure to Irish Water; when such protocols are expected to be published; and if he will make a statement on the matter. [18213/14]

Martin Heydon

Question:

125. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government is there any legal impediment preventing local authorities from taking in charge housing estates and subsequently transferring the water services infrastructure in said estates to Irish Water; and if he will make a statement on the matter. [18214/14]

Martin Heydon

Question:

127. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government to set out his plans to streamline and speed up the taking in charge of housing estates process; the timeline for any such changes; and if he will make a statement on the matter. [18228/14]

Written answers

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

I propose to take Questions Nos. 114, 123 to 125, inclusive, and 127 together.

Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a local authority must take in charge any roads, open spaces, car parks, sewers, water mains, or drains within the attendant grounds of the development.

The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be transferred by Ministerial Order to Irish Water. Accordingly, from 1 January 2014, local authorities should continue with the existing taking in charge process under the planning legislation but engage with Irish Water in relation to water services infrastructure such as water mains, water connections and sewers which will subsequently be transferred to Irish Water by Ministerial Order. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities. The potential to streamline this process for the future is currently under review.

As stated in Circular Letter PL 21/13 issued by my Department to planning authorities on 30 December 2013 in the light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, legislative amendments to further clarify the existing provisions on the taking in charge of housing estates will be made in 2014. As part of this process, my Department will also consider, in consultation with local authorities, whether it is appropriate to make further amendments to section 180 of the Planning and Development Act in relation to the taking in charge provisions generally in the context of the forthcoming Planning Bill, for instance in relation to the time limits for the taking in charge of estates.

Following the enactment of any amendments to section 180, my Department will issue Guidelines for Planning Authorities in relation to the revised taking in charge provisions and will update the Framework for a Comprehensive Taking in Charge Policy set out in Circular Letter PD 1/08, issued by my Department to planning authorities in February 2008.