Dáil Éireann Debate, Thursday - 1 October 2020
162. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if the local authority supersedes the management agency in a housing estate after the taking-in-charge process has commenced; and if he will make a statement on the matter. [27946/20]
View answer163. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if a management agency for a housing estate is permitted to charge fees for maintenance after an estate has been taken in charge by the local authority and all necessary maintenance is carried out by same; and if he will make a statement on the matter. [27947/20]
View answerI propose to take Questions Nos. 162 and 163 together.
The arrangements in relation to the taking in charge of housing estates by planning authorities are provided for in section 180 of the Planning and Development Act 2000, as amended (the Act). Under section 181(1) of the Act, where a planning authority is satisfied that a development has been satisfactorily completed in accordance with the permission and any conditions to which the permission is subject, the planning authority is obliged to initiate the taking in charge procedures under section 11 of the Roads Act 1993 where requested by either the developer or by the majority of owners of the dwellings in question.
A planning authority may not necessarily take in charge an entire development, and it is a matter for the relevant planning authority to make its determination regarding individual developments. Under Section 180(4)(b) of the Act, a planning authority may take in charge some or all of the sewers, water mains, service connections, public open spaces or public car parks within the attendant grounds of the development when an order is made under section 11(1) of the Roads Act 1993. In effect, a planning authority may decide not to take in charge certain elements of a development. A declaration under Section 11 of the Roads Act 1993, which marks the formal completion of the taking in charge process following a proposal by the executive, is a reserved function of the elected members of a local authority. Pending the formal adoption of such a declaration by the elected members, the maintenance of the development remains the responsibility of the developer or the management company in place even where the taking in charge process has been initiated.
Under Section 30 of the Act, I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. The operation of the taking in charge process is a matter for the relevant planning authority on a case by case basis.
