Dáil Éireann Debate, Thursday - 1 May 2014
26. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if Irish Water will sign off on the transfer of water services for new housing schemes prior to the schemes being taken over by the local authority. [19462/14]
View answer30. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the position regarding delays to estates being taken in charge by local authorities in relation to the transfer of functions to Irish Water; and if he will make a statement on the matter. [19556/14]
View answerI propose to take Questions Nos. 26 and 30 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 planning 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. 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.
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, it was stated that legislative amendments to further clarify the existing provisions on the taking in charge of housing estates would 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.
In order to clarify the current up-to-date position with regard to the taking in charge of estates, my Department will shortly issue a further circular letter to planning authorities with a view to clearing up any misunderstandings that may exist in this regard.
