Dáil Éireann Debate, Tuesday - 11 July 2017
810. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government if housing developments that are either fully or partially used as holiday homes are excluded from the taking in charge process; if so, the criteria for excluding them; and if he will make a statement on the matter. [32389/17]
Amharc ar fhreagraThe taking-in-charge of residential estates by planning authorities is provided for under section 180 of the Planning and Development Act 2000, as amended, and applies to developments which include the construction of two or more houses and the provision of new roads, open spaces car parks, sewers, water mains or service connections relating to such development.
In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, section 180(1) of the 2000 Act provides that the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the taking-in-charge procedures set out in section 11 of the Roads Act 1993. Under section 3 of the 2000 Act, a “house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as two or more dwellings or a flat, an apartment or other dwelling within such a building.
The taking-in-charge provisions in section 180 of the Act do not distinguish between the various uses of dwellings. However, it should be borne in mind that many holiday-home type accommodation complexes were purpose designed and constructed and approved as dedicated tourism accommodation complexes sharing communal facilities and would normally be subject to planning conditions requiring their onward operation, management and maintenance as a commercial development rather than a residential estate, including the use of management company type arrangements. In such circumstances, taking-in-charge of such developments would not normally arise and any planning conditions relating to maintenance arrangements would be a compliance matter for the relevant owner or operator and for enforcement by the relevant local authority.
