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

Section 84(3)(h) could refer to the phasing of the development and the sequencing of works but it does not ensure timely completion of public areas and their being handed over to the local authority and taken in charge. It absolutely does not ensure that. Sections 84(3)(j) and 84(3)(k) simply allow for conditions around maintenance until such time as those areas might be taken in charge, whenever that is. I have not heard anything in what the Minister of State has said to justify the continuance of the status quo. Why not simply have a situation, as per amendment No. 640, whereby developers who are able to build houses, duplexes and apartments must also build out the other parts of their planning permission, meaning that public areas are handed over to the local authority and taken in charge? Planning permission should specify what those areas are so there is clarity. That would also offer clarity to people buying in those developments because they would know which areas are the responsibility of the management company, and for which they will be paying management fees, and which areas will be taken in charge by the local authorities. I am seeking to provide clarity and there is often a lack of clarity of that regard. Some people in my constituency live in what would be considered traditional houses and are paying management charges for the maintenance of the public areas around the houses. They do not have the kinds of shared areas, including stairwells, communal areas, lifts or anything like that, to warrant a management charge on an ongoing basis but they are paying management charges for the maintenance of public areas that should long ago have been handed over to the local authority. There is no clarity in the planning permission as to whether those areas ever will be handed over to the local authority. There are no timelines and there is no clarity around this at all. If developers can build the houses, duplexes and apartments and sell them, why can they not build out the public areas to the standard required under the planning permission, within the duration of the permission, and hand them over? Why is that so difficult? Why do we need this to be going on for years and decades, consuming a lot of time and energy? The residents in these new developments should be able to get on with building their communities, setting up a local scouts group, or getting involved in the GAA or athletics or whatever it is. They should be spending all their energy doing that good community-building work but instead they have to spend years chasing this sort of stuff. If they were living in the Netherlands or Sweden, the municipality would build the roads and footpaths and provide the public lighting from day one and maintain them. Why do we have to waste everyone's time and energy in this way? What is the Minister of State's rationale?