Dáil Éireann Debate, Wednesday - 17 November 2004
679 Mr. English asked the Minister for the Environment, Heritage and Local Government if he has proposals to provide a league table or other performance measurement mechanism to highlight the speed and efficiency by which local authorities are processing planning applications; and if he will make a statement on the matter. [29250/04]
Amharc ar fhreagraEarlier this year, my predecessor launched a set of 42 service indicators against which all city and county local authorities are required to report their performance on an annual basis, commencing with 2004. The indicators span the range of local authority functions, including planning. The time taken to process planning applications is included.
Local authorities are required to report their 2004 performance results to the Local Government Management Services Board, LGMSB, no later than end-March 2005. An independent assessment panel will visit a small number of authorities on a random basis to verify their returns to the LGMSB. The LGMSB will report the overall performance results to me along with their analysis, which will incorporate the findings of the independent assessment panel.
This process is intended to facilitate the identification of good practice and to encourage all local authorities towards improved performance.
680 Mr. English asked the Minister for the Environment, Heritage and Local Government the procedure by which local authorities can take estates in charge including the procedures open to local authorities to take action against developers who fail to complete estates in full or in full compliance with the planning permission granted for the development; and if he will make a statement on the matter. [29251/04]
Amharc ar fhreagraSection 180 of the Planning and Development Act 2000 provides that a local authority may take an estate in charge by initiating the procedures under section 11 of the Roads Act 1993 to take a road in charge. Where, in compliance with section 180 of the Act, the local authority makes an order declaring a road to be a public road, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development.
In order to ensure that estates are completed satisfactorily, sections 34(4)(g) and 180(2)(b) of the Planning Act provide that a planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of a development, and, if the development is not subsequently completed satisfactorily, may apply the security to that satisfactory completion.
Where an estate is not completed by a developer, the Planning Act has strengthened and simplified the enforcement powers available to planning authorities. Among these powers, planning authorities are entitled to refuse to grant planning permission, subject to the consent of the High Court, to any developer who has substantially failed to comply with a previous permission.
Under section 180 of the Planning Act planning authorities must take an unfinished estate in charge, where so requested by the majority of qualified electors who own or occupy the houses in the development, if enforcement proceedings have not been commenced by the planning authority within seven years of the permission for the development expiring.
