Malcolm Noonan (Carlow-Kilkenny, Green Party) | Oireachtas source

Amendment No. 610 seeks to insert timelines for taking in charge as a further matter that may be subject to conditions. This is not workable in practice. The local authority taking-in-charge process is set out in section 238 of the Bill and a number of matters can influence how long this process takes. The matter of taking in charge can be a complex undertaking. First, the developer has to offer the development for taking in charge. Then the local authority has to assess the development to see if it is up to taking-in-charge standard and if not, work with the developer or utilise the bond to bring the infrastructure up to standard. This can take time and I appreciate the frustration that both Deputies have raised in relation to this. To place a condition on the permission, as suggested, would not be reasonable as the time period is unknown until the infrastructure is built, offered for taking in charge, inspected and remediation works scoped out. Therefore, I cannot accept this amendment.

Amendments Nos. 621, 622 and 640 are similar and seek to insert the power to make conditions specifying the public areas and amenities that will be taken in charge and the timelines for the process as a new matter which can be subject to conditions under section 84(3) of the Bill. Amendment No. 640 seeks to provide that an application should outline the areas and amenities to be taken in charge and that the taking-in-charge process shall be completed during the duration of the development. As mentioned, conditioning timelines is not appropriate as there a number of matters that can influence how long this process takes. However, I would like to further consider the elements of these amendments relating to specifying the areas that will be taken in charge. If I consider it appropriate, I may bring amendments on Report Stage to address this matter. While I cannot accept these amendments, there is merit in amendment No. 640 and we will give consideration to how we might address the issues raised in it.