Cian O'Callaghan (Dublin Bay North, Social Democrats) | Oireachtas source

When I was considering putting forward these amendments, I looked at this section and wondered whether to amend it. I thought that was not the correct angle to come from. The only timelines the Bill has in respect of taking in charge relate to a local authority's decision on a taking in charge request that is initiated by residents or a management company. The local authority may decide whether to commence the procedure and will "endeavour to make a decision ... within 6 months" of the request. However, there is no timeline thereafter. If the local authority decides to go with the taking in charge request, there is no timeline for how long it will take to complete - it could take years or decades - and there is no obligation on local authorities to decide to take those areas in charge. They can simply refuse to take them in charge but they need to make that decision within six months. This section, to be honest, is not worth an awful lot to residents who are struggling with these issues in newer developments. That is why I did not seek to amend the section. It is discretionary and includes no timelines. Rather than making small changes on section 238, we need to take public areas in newer developments seriously and treat them in a similar fashion to the rest of the development. There is no reason a developer can build houses, duplexes or apartments and sell them but neglect their duties under their planning permission in respect of any public areas. They should not be let off the hook. If they build apartments, houses and duplexes to sell, they should also complete the public areas to the standard of the planning permission within the duration of that permission. The public areas should then be taken in charge by the local authority within the duration of the planning permission. Anything else just continues the current situation, whereby some developers, though certainly not all, do not fulfil their duties under planning permission, walk away and leave the residents in newer developments and the local authorities to try to sort out the mess and the deal with the expense of it. That can mean issues last for decades.