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Planning Issues

Dáil Éireann Debate, Wednesday - 7 May 2014

Wednesday, 7 May 2014

Questions (142)

Terence Flanagan

Question:

142. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding the taking in charge of an estate (details supplied); and if he will make a statement on the matter. [20473/14]

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Written answers

Section 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the satisfaction of the planning authority in accordance with the planning permission and any conditions attached to the permission, the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners of the properties involved. Similarly, where an estate has not been completed to the standard outlined in the planning permission and the planning authority has not taken enforcement action within seven years of the expiry of the permission authorising the development, section 180 also provides that the planning authority must initiate taking in charge procedures if requested to do so by a majority of the owners of the properties concerned. The decision as to whether an estate should be taken in charge is ultimately one for the elected members of the planning authority having regard to a report prepared by the Authority’s Planning Section.

Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a local authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the local authority considers that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.

Section 180 does not contain any provisions in relation to the payment or non-payment of management company fees as this is not directly relevant to the matter of taking in charge. Management companies for residential developments are generally constituted under the Companies Acts and are required to comply with the provisions of company law, which comes within the area of responsibility of my colleague the Minister for Jobs, Enterprise and Innovation while the Multi-Unit Developments Act 2011, which contains specific provisions in relation to the governing of management companies in multi-unit developments, falls under the remit of my colleague the Minister for Justice and Equality.

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