Dáil debates

Wednesday, 9 March 2005

 

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

7:00 pm

Paddy McHugh (Galway East, Independent)

I compliment Deputy Gilmore for bringing forward this Bill. It is a no-nonsense practical approach, focused and explicit in nature and devoid of red tape and unnecessary complications. I congratulate Deputy Gilmore for being one of the few Opposition Deputies who has had a legislative proposal adopted by Government, albeit in principle. I also compliment the Minister for the Environment, Heritage and Local Government for his open and receptive approach to the Bill. It is refreshing to see for once a responsible and mature attitude towards the workings of parliament.

The idea behind the Bill is so simple that it defies belief that it is not legislation already. It proposes to hit the rogue builders and developers who renege on their responsibilities where it hurts by denying them the benefit of any further planning permission while they remain guilty of leaving estates unfinished. I fully support that principle.

While the 2000 Act set about dealing with the issue of unfinished estates, the result was too convoluted. It placed a further burden on local authorities that have proved themselves incapable of dealing with the less onerous regime that existed previously. The provision looked good on paper but was useless in reality because local authorities, for various reasons, were not doing the business.

The Bill before us deals with the position for the future but there are many problems with unfinished estates now. The Minister has accepted the Bill in principle and indicated that amendments will be forthcoming on Committee Stage. I invite the Minister to come forward with a simple enforceable regime to deal with unfinished estates where the developer has, perhaps, gone bankrupt, out of business or has died. If a bond exists it is so small that it is useless.

A specific time limit must be set down in the grant of a planning permission by which time the estate has to be completed. I am not referring to the life of the planning permission but an obligation placed on the builder to complete and provide such notification as deemed necessary to confirm completion. In the event of the developer not providing such confirmation within the specified timeframe his bond for the satisfactory completion should be confiscated and used to complete the outstanding works immediately.

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