Willie Penrose (Longford-Westmeath, Labour)

Sections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000, as amended, enable planning authorities to attach conditions to grants of planning permission for development requiring the provision of financial securities sufficient to safeguard the satisfactory completion of essential infrastructure and amenities in those developments, and, if a development is not subsequently completed satisfactorily, to apply a security given under section 34 for the satisfactory completion of that development.

In line with advice provided in my Department's Development Management Guidelines of June 2007 and policy guidance as set out in Taking in Charge of Residential Developments of February 2008, the use of such conditions is followed generally by all planning authorities. Securities are lodged with the planning authority until such time as either the authority is satisfied that the development has been completed in accordance with the terms of the planning permission or the development is taken in charge.

It is a matter for the planning authority to determine the level and type of security that will be required for each residential development. The amount of the security, its duration and the terms on which it is required to be given should enable the planning authority, without cost to itself, to complete the necessary services to a satisfactory standard in the event of default by the developer. My Department does not keep statistics on the inclusion of such bond or security conditions as part of granted permission.

This issue has been considered by the high-level expert group on unfinished housing developments in the context of housing developments that have stalled and remain unfinished and where there are difficulties in securing completion of the development. I expect to receive the final report of the group in the near future. I will consider its findings and recommendations which I understand will include measures to address the issue of bonds and securities in respect of the satisfactory completion of developments.

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