Dáil Éireann Debate, Tuesday - 27 July 2021
757. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage his views on whether there is anything in the Planning and Development Act 2000 as amended which involves Irish Water in SI 180 taking in charge process and that any subsequent transfer of assets is a matter solely between the local authority in question and Irish Water. [41000/21]
View answerThe Planning and Development Act 2000, as amended, and the Water Services Acts 2007 to 2018 set out the statutory provisions relating to the taking in charge of water and waste water services infrastructure, including developer provided wastewater treatment systems, by planning authorities and Irish Water where it is appropriate to do so.
Section 180 of the Planning and Development Act 2000 (the Act) provides for the taking in charge of housing developments by planning authorities. The legislation sets out the process to be followed when a development is considered to have been satisfactorily completed, as well as where it has not been completed to the satisfaction of the planning authority.
While Irish Water is not a planning authority, it is a prescribed body under the Act for applications for planning permission where it appears to the authority that the development might impact on the provision of public water services. The obligation to take in charge wastewater infrastructure for developments which are completed satisfactorily remains with planning authorities, unless such infrastructure has already been vested in Irish Water through a Connection Agreement pursuant to the Water Services Acts.
When taking an estate in charge under section 180 of the Act, the planning authority shall take in charge “any sewers, water mains or service connections within the attendant grounds of the development” which must then be transferred to Irish Water by Ministerial Order pursuant to section 12 of the Water Services (No. 2) Act 2013.
