Dáil Éireann Debate, Tuesday - 3 November 2015
1036. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government his plans to allow local authorities to take estates in charge that were originally holiday home schemes; and if he will make a statement on the matter. [37319/15]
View answerThe taking in charge of residential estates by planning authorities is provided for under section 180 of the Planning and Development Act 2000, as amended, and applies to developments which include the construction of 2 or more houses and the provision of new roads, open spaces car parks, sewers, watermains or service connections relating to such development. Under section 3 of the Act , a “house” means 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.
The taking in charge provisions in section 180 of the Act do not differentiate between holiday homes and normally occupied houses. In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, section 180(1) of the Act provides that the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the taking in charge procedures set out in section 11 of the Roads Act 1993 .
My Department is currently reviewing, in the context of the forthcoming Planning and Development (Amendment) Bill, the current provisions in section 180 of the Planning and Development Act 2000, as amended, relating to the taking in charge of housing estates by planning authorities with a view to improving and streamlining the taking in charge procedures. A particular focus of the review will be the time limits for the taking in charge of housing estates with a view to expediting the process. My Department is consulting with planning authorities in this regard.
