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Housing Provision

Dáil Éireann Debate, Thursday - 3 March 2022

Thursday, 3 March 2022

Questions (155)

Holly Cairns

Question:

155. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the steps that he is taking to assist local authorities taking over housing estates and developments from private developers when these estates and developments need additional infrastructure investment for issues such as lighting, roads and wastewater infrastructure. [11736/22]

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Written answers

The Planning and Development Act 2000, as amended (the Act) and the Water Services Acts 2007 to 2018 set out the statutory provisions relating to the taking in charge of housing estates by planning authorities and Irish Water where it is appropriate to do so.

Section 180 of the Act sets out the process to be followed in relation to the taking in charge of housing estates where 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. It is a matter for the relevant planning authority to agree to take in charge any individual housing estate.

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.

In taking in charge relevant infrastructure, consideration is given to compliance with the relevant standards that the infrastructure is required to be constructed to. This is in order for the local authority to have a clear understanding of the future cost implications of the maintenance of the infrastructure concerned, which becomes the ongoing responsibility of the local authority once the estate has been taken in charge.

Ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities, following the procedures set out in section 180 of the Act.

Financial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget. Section 103 of the Local Government Act 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources. This includes the taking in charge of housing estates. There is no funding stream within my Department to assist local authorities in the taking in charge of housing estates.

Under Section 30 of the Act, I, in my role as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

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