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Planning Issues

Dáil Éireann Debate, Tuesday - 1 May 2012

Tuesday, 1 May 2012

Ceisteanna (381, 382, 383)

Gerry Adams

Ceist:

454 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if his attention has been drawn to a culture which existed in local government where, despite a developer being conditioned to submit a cash bond prior to construction of a development, the local authority accepted a paper bond instead; if he will survey the extent of this practice across each planning authority in the State; and if he will make a statement on the matter. [21393/12]

Amharc ar fhreagra

Gerry Adams

Ceist:

455 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will initiate an inquiry into the process that was in place in Louth County Council allowing them to accept a paper bond from a developer in place of a cash bond; and if he will make a statement on the matter. [21394/12]

Amharc ar fhreagra

Gerry Adams

Ceist:

456 Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he will quantify the value of expired paper bonds on estates that have not been completed or taken in charge in each planning authority in the State; and if he will make a statement on the matter. [21395/12]

Amharc ar fhreagra
Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): I propose to take Questions Nos. 454 to 456, inclusive, together.
I am chairing the National Co-ordination Committee on Unfinished Housing Developments to oversee implementation of the Report of the Advisory Group on Unfinished Housing Developments, together with the Government's response to the recommendations. The Committee includes representatives from the Irish Banking Federation, local authorities, the Housing and Sustainable Communities Agency, NAMA and the construction sector. The Committee is meeting on a regular basis with the aim of publishing a report on progress achieved within the next 12 months. In the meantime, work is ongoing on implementation of the Report of the Advisory Group and real progress is already being made with regard to the public safety works required to improve the living conditions of existing residents on some unfinished estates.
While planning authorities are making progress in securing the co-operation of developers, financial institutions and/or bond holders, thereby obviating the need to use Exchequer resources to fund such work, the ongoing work of the Committee includes an assessment of the framework for the operation of bonds. This is taking account of existing legislative provisions, statutory guidance and practical experience in the operation of bonds in order to determine what further policy advice and action are necessary in this regard. Section 34 (4)(g) of the Planning and Development Act, 2000-11 allows a local authority to impose a condition on a planning permission requiring the giving of adequate security for the satisfactory completion of the development. The legislation does not specify the type of security required.
However, guidance issued to planning authorities stresses that, in the case of residential development, planning conditions must require the giving of sufficient security prior to commencement of development, and that the authorities must ensure that they are in a position to draw down the security in cases where a developer fails to satisfactorily complete a residential development, or phase of a development, within the specified period.
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