Dáil Éireann díospóireacht -
Wednesday, 3 Mar 1999

Vol. 501 No. 4

Written Answers. - Local Authority Housing.

Noel O'Flynn

Ceist:

27 Mr. O'Flynn asked the Minister for the Environment and Local Government the action, if any, his Department takes with local authorities which fail to take housing estates and developments in charge; if there is inadequate bonding put in place to cover works outstanding by developers, many of which have ceased trading; and if he will make a statement on the Government's policy in relation to these matters. [5793/99]

Noel O'Flynn

Ceist:

43 Mr. O'Flynn asked the Minister for the Environment and Local Government if his attention has been drawn to the fact that there are private housing estates over 20 years old that have not been taken in charge by the local authorities; and if he will make a statement on the Government's policy in relation to these matters. [5792/99]

Minister for the Environment and Local Government (Mr. Dempsey)

I propose to take Questions Nos. 27 and 43 together.

Since the early 1980s, my Department has taken the opportunity on a number of occasions, both through the issuing of advice and through legislative change, to strengthen the hands of local authorities in dealing with unfinished estates. These measures have contributed to the considerably improved situation that exists now. However, I am well aware that some problems persist and I am determined to take whatever further action is necessary to help remedy these and prevent them in the future.

Responsibility for the enforcement of planning control is a matter for planning authorities. Where a development has been carried out without planning permission, or where the development does not comply with planning conditions, it is a matter for the planning authority to take enforcement action. In addition, it is open to any person to seek a court order under section 27 of the Local Government (Planning and Development) Act, 1976, as amended, requiring compliance with conditions laid down by the planning authority. The Planning Acts specifically allow for conditions about the giving of security, the phasing and completion of works and the occupation of structures. Effective use of such conditions by local authorities, and follow-up enforcement action, can do much to obviate the kind of problems that arise in unfinished estates.

The report of the strategic review of the construction industry which was published in June 1997, recommended the introduction of a national physical development bond scheme to guarantee the proper finishing of developments. The preparation of a scheme by the Forum for the Construction Industry is at an advanced stage and I am hopeful that a fully agreed bonding scheme will be available by the end of the year. Enforcement of planning control, including the issue of unfinished housing estates, featured prominently in the consultation process under the review of the Planning Acts on which I have been engaged. My proposals to strengthen considerably the enforcement of planning control will be contained in the major Bill to reform and consolidate the Planning Acts which I hope to publish by mid-year.