Written answers

Thursday, 17 July 2014

Department of Environment, Community and Local Government

Local Authority Functions

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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466. To ask the Minister for Environment, Community and Local Government further to Parliamentary Question No. 104 of 17 June 2014 and his commitment to review the reason for the change in the taking in charge process, the reason for the change in the legislation; his plans to amend this process; and if he will make a statement on the matter. [32136/14]

Photo of Martin HeydonMartin Heydon (Kildare South, Fine Gael)
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500. To ask the Minister for Environment, Community and Local Government if he will provide an update on the development of protocols required to clarify the procedures to be followed in the taking charge of housing estates by local authorities and the subsequent transfer of waste services infrastructure to Irish water; when such protocols are expected to be published; and if he will make a statement on the matter. [32705/14]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 466 and 500 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.

In Circular Letter PL 21/13, issued by my Department to planning authorities on 30 December 2013 in the 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 further clarify 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 will be required in this regard.

As part of this process, and in the light of efforts to streamline the planning process to facilitate economic recovery, the Department will also look at, in consultation with local authorities, whether further changes to the current overall taking in charge system are desirable, for instance in relation to the time limits for the taking in charge of estates.

My Department will shortly issue further guidelines to local authorities by means of circular letter in relation to the taking in charge of water services infrastructure.

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