Dáil Éireann Debate, Thursday - 24 May 2012
127 Deputy Pat Deering asked the Minister for the Environment, Community and Local Government if local authorities are allowed to carry out works in estates not yet taken in charge and when the bond has been drawn down; if he will clarify who is responsible for any problems that may arise from works carried out in such circumstances. [25996/12]
Amharc ar fhreagraMy Department has consistently advised planning authorities that it is essential that planning permissions for residential developments are subject to conditions under which an acceptable security is provided by way of bond, cash deposit or otherwise so as to carry out necessary work to a satisfactory standard in those developments. Planning conditions must require the giving of sufficient security prior to commencement of development and planning authorities should ensure that they are in a position to draw down the security in cases where a developer fails satisfactorily to complete a residential development, or phase of a development, within the specified period. It is a matter for the planning authority to determine both the level of the security, the duration and the type of security but it should be of an appropriate level to enable the planning authority, without cost to itself, to carry out the necessary works (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer. The enforcement of planning conditions, including conditions in relation to bonds, is a matter for the relevant planning authority.
128 Deputy Colm Keaveney asked the Minister for the Environment, Community and Local Government when Galway County Council intends to take over an estate (details supplied) in County Galway; if Galway County Council will confirm that a bond was paid by the developer for this site and also confirm that said authority also priced the completion of this site yet failed to complete same. [26004/12]
Amharc ar fhreagraIn such cases it is a matter for the planning authority to determine both the level of the security, the duration and the type of security but it should be of an appropriate level to enable the planning authority, without cost to itself, to carry out the necessary works (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer.
The decision on whether or not to take in charge a particular development is a matter for the relevant local authority, in this case Galway County Council, and my Department has no function in the matter.
