There is no legislative impediment to the taking in charge of residential estates reliant on developer provided infrastructure (DPI), for water services purposes, where it is appropriate to do so.
Circular Letter PL 5/2014 updated the arrangements in place to address matters related to the taking-in-charge of residential developments following the establishment of Irish Water. The Memorandum of Understanding between Irish Water and local authorities, as referenced in the question, is intended only to address the arrangements necessary for taking in charge of estates which are connected to the public water and waste water services networks run by Irish Water. It does not address housing developments which rely on DPI and which must necessarily be considered separately on a case by case basis.
In this regard a multi-annual Waste Services DPI Resolution Programme was introduced in 2019 to facilitate the progressive resolution in a sustainable manner of the DPI element of water services in relevant estates with a view to supporting the taking-in-charge of the estates upon resolution.
Allocations for the first funding cycle covering the years 2019-2021 inclusive were announced in September 2020. This first funding cycle focussed on estates in towns and villages where the resolution is to connect their water services to the public networks. The programme will also support a number of pilot projects where connection is not feasible in the immediate future. These pilot projects, together with a major study currently being undertaken by Irish Water which I understand is scheduled to be completed in 2022, will inform future policy considerations on resolving sub-standard DPI with sustainable solutions.
All local authorities that submitted bids were informed about the outcome of their bids in a circular which included a copy of an independent Expert Panel report on the bids process. The report provides the commentary of the Panel on their evaluation in the case of unsuccessful bids and guidance for the local authority in making future bids in upcoming programmes. The circular is available on my Department's website at the following link:
www.housing.gov.ie/water/water-services/circular-ldpi01-2020-approval-projects-residential-estates-under-developer
Under the approvals circular, local authorities were asked to examine further estates that required funding for resolution. Arising from this process, valid bids for estates were received from a number of local authorities.
I am awaiting a report from the Expert Panel following an evaluation of these further estates and the pilot projects.
