asked the Minister for Local Government whether he is aware that some developers of building sites have delayed unduly in arranging for the taking in charge by the local authority of the estates developed by them because roads and services are not up to standard; and whether he will introduce proposals for legislation to give local authorities positive powers in such cases to compel the observance of proper standards and the execution by such developers of necessary improvements within a reasonable time.
Ceisteanna — Questions. Oral Answers. - Taking Charge of Estates.
18.
The Local Government (Planning and Development) Act, 1963, gave planning authorities strong powers to enable them to ensure that housing estates and other forms of development are completed in conformity with the relevant planning permission and within a reasonable time. Use of the enforcement powers conferred on planning authorities under the Act should provide an effective solution in the type of case the Deputy has in mind. Planning authorities can invoke these powers irrespective of whether or not they have been requested to take the particular estate concerned in charge.
In addition to their enforcement powers, planning authorities are specifically empowered under the 1963 Act to attach a condition on the grant of a planning permission requiring the developer to lodge security for the satisfactory completion of the proposed development. Insistence on the giving of such security in appropriate cases would provide a valuable lever to enable planning authorities to bring pressure to bear on defaulting developers. I may add that I am not satisfied that all planning authorities are making adequate use of their enforcement powers and I am having the matter examined.
Is it not true that the Minister's reply relates absolutely to the powers granted under the 1963 Act and that the whole trouble in the Dublin region is with estates built before that date and is it not obvious that this is what the question is really about?
I do not think it is, because the question relates to the powers under the Planning Act. It is not true that the whole trouble in the Dublin area relates to estates completed before the passing of the Planning Act; quite a considerable amount of trouble exists also since the date of the passing of the Planning Act, but it is true that there is quite a considerable residual amount of trouble in connection with estates completed before the Planning Act.
With which there is no power to deal.
There is power.
No one in the local authorities seems to know about it.