Dáil Éireann Debate, Tuesday - 28 March 2023
288. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the steps he is taking to ensure that local authorities take in charge housing estates from private developers in a timely manner once all works are complete; and if he will make a statement on the matter. [14878/23]
View answerUnder section 180(1) of the Planning and Development Act 2000, as amended (the Act), where a development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, by the majority of the owners of the houses involved, not later than 6 months after being so requested, initiate the procedures under section 11 of the Roads Act,1993.
This is subject to section 180(3) of the Act where a planning authority may hold a plebiscite to ascertain the wishes of the owners of the houses.
The taking in charge process requires a declaration of a public road under section 11 of the Roads Act 1993, as amended, this marks the formal completion of the taking in charge process following a proposal by the executive, and is a reserved function of the elected members of a local authority.
Therefore, 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 and elected members to consider on a case by case basis.
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.
