Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Planning Regulations.

Denis Naughten

Ceist:

724 Mr. Naughten asked the Minister for the Environment and Local Government the powers available to a local authority to ensure that a developer completes a housing estate; the new powers which a local authority will have following the implementation of the Planning and Development Act, 2000; when he will introduce these new regulations; and the way in which these new regulations can be used to ensure estates which received planning approval prior to the enactment of the Planning and Development Act, 2000, are completed by developers. [21953/01]

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

The planning Acts allow for planning conditions concerning security, the phasing and completion of works and the occupation of structures. Effective use of such conditions by local authorities and enforcement action can do much to obviate problems of unfinished estates. Responsibility for enforcement of planning controls is a matter for planning authorities. 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, which requires compliance with any conditions laid down by the planning authority.

The Planning and Development Act, 2000, includes strengthened provisions regarding the enforcement of planning law and enables planning authorities to refuse to grant permission to developers who have not complied with previous permissions, subject to the consent of the High Court. The 2000 Act, when brought into force, will require planning authorities to take charge of housing estates. When an estate has been completed to the satisfaction of the planning authority, the authority will be required to take it in charge when the developer or a majority of the residents request that the authority do so. If an estate is unfinished, the seven year period for taking enforcement action has expired and a majority of the residents so request, the planning authority will be obliged to take the estate in charge.

I intend shortly to commence these provisions together with the general development control provisions of the Act. Draft regulations, which will enable the development control provisions of the Act to be brought into force, have been prepared by my Department and sent on an informal basis to the Joint Committee on the Environment and Local Government. Oireachtas approval of the regulations is required and I hope to be in a position to make the regulations shortly with a view to bringing the development control provisions of the Act into force early in the new year.