Dáil Éireann Debate, Thursday - 5 November 2015
26. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the steps he is taking to assist local authorities in having estates taken in charge; and if he will make a statement on the matter. [38314/15]
View answerThe taking in charge of residential estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended. Section 180(1) provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, 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.
My Department, by way of Circular letter PD 1/2008 dated 26 February 2008, issued updated policy guidance to planning authorities on Taking in Charge of Residential Developments/Management Arrangements. This advised each planning authority to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, based on the following principles (among others):
- Certain core facilities/infrastructure to be taken in charge on request - public roads and footpaths, unallocated surface parking areas, public lighting, public water supply, foul and storm water drainage and public open spaces;
- The procedures for taking in charge to begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including time frames, must be set out by planning authorities to respond to requests for taking in charge.
Each planning authority’s policy on taking in charge is required to be made available to the public and published on its website, and the policy is reported on to the elected members on a regular basis, and at least once annually.
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.
