Dáil Éireann Debate, Tuesday - 17 June 2014
71. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has written to local authorities on the role of Irish Water in light of the delay in the taking in charge of estates by authorities; and if he will make a statement on the matter. [25366/14]
Amharc ar fhreagra87. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his views on whether local authorities may be correct in refusing to take an estate in charge because there is, at present, an unclear legislative basis for the taking in charge of sewers, water mains or other water infrastructure that is owned by Irish Water; if it is his view that Circular PL21/13 sufficiently clarifies the matter in the interim to allow the taking in charge of estates with the consent of Irish Water; and if he will make a statement on the matter. [25480/14]
Amharc ar fhreagra104. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans to revise the planning legislation on the taking in charge of housing developments; and if he will make a statement on the matter. [25370/14]
Amharc ar fhreagraThis issue has been raised by my colleague, Deputy Seán Ó Fearghaíl, in the past. It concerns the outstanding legislation that needs to be enacted in order for local authorities to take in charge estates, in the context of the complication that has arisen by virtue of Irish Water having taken over a range of water infrastructure. Will the Minister of State indicate what legislation is necessary and when it will be brought forward to address the delay that is happening in many parts of the country in the taking in charge of various estates by local authorities?
I propose to take Questions Nos. 71, 87 and 104 together.
Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development. The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be transferred by ministerial order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities.
In Circular PL 21/13, issued by my Department to planning authorities on 30 December 2013 in light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to clarify further the existing provisions on the taking in charge of housing estates would be made in 2014. My Department is currently considering, in consultation with Irish Water, what amendments to section 180 of the Planning and Development Act 2000, as amended, will be required in this regard. In addition, in consultation with Irish Water and the local authorities, we are working on developing a protocol for the taking in charge of estates. This protocol will be finalised shortly, following which further advice will be issued to local authorities on this matter.
I thank the Minister of State for her response. It seems clear that an error was made by those charged with responsibility for bringing forward legislation to satisfy everybody concerned in regard to Irish Water taking over the provision of water services. This delay, as the Minister of State acknowledged, is ongoing and is causing great concern to people living in estates which continue in a dilapidated state because they cannot be taken in charge. She indicated that she is in consultation with the various authorities with a view to bringing forward amendments to section 180 of the relevant Act. When can we expect to see those provisions? This issue has been long enough going on that she should be in a position now to indicate when the legislation will be forthcoming so that the problem can be resolved. Can we expect it to be brought forward before the recess?
It is important to reiterate that there are no legal impediments to the taking in charge of water infrastructure by local authorities, as clarified by the circular that was issued. In regard to legislative changes, I expect any such changes to be included in the forthcoming planning Bill, which will be enacted in the autumn session.
I did not hear all of the Minister of State's reply. Grouping questions together in this manner provides good exercise for the heart as we race to get to the Chamber on time.
I raised this issue of the taking in charge of housing estates with the Minister of State at the last Question Time. The legislation stated that a petition had to be signed by the majority of persons on the register of electors but this was subsequently amended to state the majority of the owners. Will the Minister of State clarify why that amendment was introduced? Is she aware of the difficulties this causes where there may be an absentee landlord and where people may be in financial difficulties with the banks and the last thing they want to do is to go cap in hand to them to try to get copies of their deeds? Will the Minister of State revisit this in the forthcoming legislation?
As the Deputy said, the rule is that the local authority must if requested to do so by the majority of the owners of housing units in a specific development initiate the procedures. The majority of owners in a particular area is not particularly onerous, in terms of the taking in charge of-----
With all due respect, I am not from the most urban constituency in the country but from the most rural one. However, sometimes one third or up to 50% of houses are owned by landlords. Straightaway, there is a problem in trying to get documentation and deeds from them. Sadly, in my constituency, as in many parts of the country, a lot of people are in huge financial difficulty with banks and are trying to make mortgage repayments to them. They are trying to avoid being terrorised by the banks and the last thing they want to do is to go into banks to get copies of their deeds to prove to the local authority that they own their houses.
It is in the interest of people living in a housing estate to have it taken in charge. The intention here is not to put obstacles in the way of the taking in charge of a housing estate. The deeds of a house are normally held by a solicitor and it should not be particularly onerous to get them. We are reviewing planning legislation and if we need to look at this again, we will do so. The national committee on unfinished estates, which I chair, has discussed the whole issue of the taking in charge of housing estates and where there are obstacles and difficulties in regard to this. I can undertake to have it discussed at that committee to see if anything needs to be done.
I am surprised by the Minister of State's response because the last time I questioned her on this issue, she understood it. Perhaps she has got a briefing since that has said the opposite. My deeds are held by the bank and not a solicitor as is the case with the vast majority of mortgage holders in this country. There are estates where developers still own quite a number of houses and where houses may be held by NAMA or a receiver. Where works are completed, surely it is in everyone's interest that an estate is taken in charge. I can give the Minister of State instances in my constituency where estates have been completed for a number of years but the residents have not been able to get the majority of the owners of those properties to sign a petition to have the estate taken in charge. In those instances, the developer has gone into liquidation so it is not possible for the developer to do so. A limbo-type situation has been created because of the change in the legislation. All I am asking is that this amendment to the legislation is reversed to facilitate the taking in charge of these estates, which was the objective of the amendment in the first place.
We will look at the legislation to see if there are difficulties with it. As I said to Deputy Cowen, we will bring planning legislation before the House later in the year. The intention was never to make this difficult but to facilitate the process because as we all agree, it is in everybody's interest to take estates in charge as soon as possible.
