Dáil debates

Tuesday, 8 March 2005

 

Planning and Development (Amendment) Bill 2005: Second Stage.

8:00 pm

Photo of Paul Connaughton  SnrPaul Connaughton Snr (Galway East, Fine Gael)

I wish to share time with Deputy Neville.

I congratulate Deputy Gilmore on this Bill. He has a great interest in this kind of business. I was delighted to hear the Minister say that he accepts the Bill in principle, and that is very reasonable. As the Minister said, all Members wish to create a situation whereby when a couple pay money for a house that they will not own for the next 35 years, at least they will be able to enjoy what they thought they bought. That is the important part of the story.

I represent a rural constituency. I see some of this sort of trouble in towns like Tuam and Ballinasloe but nothing like what happens in the Minister's constituency or that of Deputy Gilmore, or in other constituencies with a high population density. This is a very clever way of dealing with the issue. This is like the old section 35. The onus is put back on the builder or developer. If they are not satisfied with the manner in which they were treated by the local authority, let them bring the local authority to the High Court. I believe this is the basis of what is proposed.

We appreciate that the Minister will need to examine this Bill closely, and there is many a slip between the cup and the lip. In my view, all 166 Deputies will agree that this provision is badly needed.

I sometimes wonder about the question of bonding. I will refer to an estate in Tuam called Millstream Park which has been an issue for the past 20 years. The builder did not carry out his duties the way he should have. For some unexplained reason, as the years went by and despite all the residents' association meetings that took place and countless deputations to the county council, the estate is still as bad as ever. As every year goes by, the bill for taking over the estate rises. If something had been done 15 years ago, the cost of putting the estate right would not be nearly as exorbitant as it is now. As I understand it, the builders as such cannot be identified and a writ cannot be served on them. It could now take €300,000 approximately to put right. It is a small estate by the Minister's standards, but the residents are very upset. If this matter drags on for another five years, that €300,000 could become €500,000.

In the event of the new legislation being enacted, if nobody can be regarded as being to blame, would it be possible, as in the world of motor insurance, to have an overall fund to which estates like this could apply?The local authority cannot be expected to take over the estate because the cost will eat into its budget. I assume such estates exist in other parts of the country. I suggest that the CLÁR or RAPID programmes could be used. It is not right under any circumstances that more than 60 families would have to negotiate roads into their houses, in a developing town as big as Tuam, every day for 20 years. Irrespective of how one views the matter, the residents are innocent of all charges. It is against that background that it may be necessary to consider such an extreme measure and I ask the Minister to do so. I do not know if such a fund is in place but one will be required, otherwise we will be left with an atrocious estate.

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