Eoin Ó Broin (Dublin Mid West, Sinn Fein) | Oireachtas source

I concur with Deputy O’Callaghan. Here is the problem, however. The development I am speaking about in my own constituency is post 2013. In fact, the planning permission was after 2013. I cannot remember the number of years the residents have been there, but they have certainly been there for two, three or maybe four years and they moved in within the five-year time period for the planning. If the Minister of State's answer is that Circular PL 11/13 is fixing the problem, I can bring him to a row of residential homes where that has not made the blindest bit of difference. They are experiencing the same problems as those Celtic tiger-era legacy cases.

For me, there are three issues. Deputy O’Callaghan made the point very strongly about the inadequacy of the bond, particularly where the bond is not index linked. There is a second part to this, however, which is that as the Minister of State knows, the building control amendment regulations do not apply to the site on which the house is located. There is a certification and completion certificate process before somebody can move into the home to certify that the home is built fully in accordance with the planning permission. There is no equivalent process for the grounds upon which the estate is built. There is a secondary problem, as in the case I keep mentioning in Clondalkin, which is that when the local authority went out to inspect, some of the problems the residents were facing were issues around failure to comply with the planning permission.

The local authority took the view that it was not the function of the bond or its responsibility to use the bond to rectify a road surface and boundary wall. Therefore, the bond was insufficient. The local authority's position was that the bond was not there to complete all, but rather some, of the works, in particular things like wastewater treatment, in the context of Uisce Éireann, and the access road. The impact on people's quality of life is enormous. The Minister of State will not accept the amendment, but it is not credible for him or his officials to suggest that the circular in question has dealt with the problem. This matter needs to be re-examined. There needs to be a return to the core issues.

There is another problem with the process. I have the height of regard for the planning section in South Dublin County Council. It is professional, well run and well managed. In the context of taking in charge, it comes to it from the point of view of protecting the public interest and public expenditure rather than creating a perverse incentive for developers to not finish developments on a regular basis in the expectation that the local authority will pick up the tab. That is completely reasonable.

The taking-in-charge process and access issues in respect of the bond do not provide a mechanism to allow officials and residents to meet, discuss matters and agree a way forward. It is not only the case that it takes a long time for these issues to be addressed, residents also have to go to elected representatives, including me, Deputy O'Callaghan and others. We have to cajole, convince and, sometimes, battle with officials. There is no process in which residents can engage in good faith to try to resolve these matters. Where there is a helpful or flexible official dealing with taking-in-charge issues and-or politicians who understand the rules and the law quite well, residents might get a resolution. That will still take several years. Cases involving an official who does everything by both the letter of the law and the book and politicians or residents who do not understand this process can be even more difficult. This is an area in need of more than just a reiteration of an existing circular. It would be wonderful if officials could forward the circular to the committee. Some of us would like to read it.

In swathes of Adamstown, significant portions of Newcastle and Rathcoole and, to a lesser extent, east Lucan and Clondalkin these are real life issues. People moved into parts of Adamstown before the crash and their estates have still not been taken in charge. Right beside them, new estates which have been recently built, such as the Paddocks, a Celtic tiger development, and Gandon, a Cairn development, were never taken in charge. The access road and street lighting between the two estates is caught up with the taking-in-charge issue relating to one estate. Between 600 and 900 homeowners and social housing and private rental tenants are caught up in this. I emphasise the need for the Minister of State to give some kind of commitment that this will be examined. I urge Deputy O'Callaghan to press the amendment.