Jack Wall (Kildare South, Labour)

I wish to share my time with Deputies O'Shea and McCormack.

I compliment my colleague, Deputy Gilmore, on bringing this Bill before the House. It is long overdue and any Member active in his or her constituency will be aware of the necessity for it. Over recent weeks I have been canvassing on behalf of Councillor Paddy McNamara, our candidate in Kildare North. With him I visited several unfinished estates with footpaths not properly surfaced, fences not properly constructed and play areas strewn with rubble and skips. These are the problems on new estates but I also cite two older estates, Courtown Park in Kilcock and Castletown in Leixlip. These estates have been built for many years. They are in suburban Kildare and are excellent places in which to live in most respects but, sadly and to the frustration of the residents, many elements of the estates have not been completed and there is no sign of them being completed, despite that they have matured and families have grown up and left the area. As the developer is obviously not going to do so at this stage, the local authority will have to finish the estates to ensure the residents receive the facilities that were promised when Kildare County Council gave planning permission to the developers many years ago.

The Labour Party wants to put an end to this practice and acknowledges that the Government will not oppose the Second Stage reading. I hope this Bill does not end up in some legislative limbo without advancing to Committee Stage. This would be a very retrograde step which would come back to haunt the Government in later years. It will be of little advantage if it is not proceeded with to Committee Stage to give all Members of the House a further opportunity to develop something that is representative of every constituency. All Members will be aware of incomplete estates within their constituencies where residents suffer accordingly.

Deputy Gilmore outlined the contents of the Bill which is as simple as it is comprehensive. Under the current Planning and Development Act 2000, a local authority must apply to the High Court for authorisation to refuse planning permission on the grounds of a track record of non-completion. Under the existing legislation, the onus or burden of seeking to refuse planning permission is on the local authority. The Labour Party is of the view that this is unfair. Why should this burden be placed on the local authority which does not always have the time or resources to pursue High Court actions or prevent the grant of planning permission? It should be up to developers to prove they will meet their obligations.

Most local authorities have an unauthorised development section but that often consists of only one or two officials. It is not feasible or possible to meet the demand. I visited the offices of Kildare County Council recently to speak to an official. There were so many files that it was almost impossible to get into the man's office. It was obvious that this official had little hope of addressing all the matters within the period that would reflect some responsibility by the local authority to the persons who made the complaint in the first place.

This Bill proposes that where a planning authority forms an opinion that there is a real risk of non-completion by the applicant or the developer and there is a track record of non-completion, it is obliged to serve on the person concerned a notice of its decision to refuse permission for that reason. The notice will take effect within 21 days unless the planning applicant appeals the decision to the High Court. The Labour Party also wants residents who live in or move into unfinished estates to have recourse to the law to seek damages where their estate is left in an unsatisfactory condition. One can see the value put on homes and the cost of housing, particularly in my constituency. Young people must take on high mortgages to ensure they can create a home for their families. They must then suffer because the estate is incomplete. They do not regard the local authority as being in a position to ensure that the estate is completed. I am aware that in Athy, four or five High Court cases were taken in respect of one estate and it is still the same today as it was the first day the local authority went to the High Court.

This legislation is consumer driven. It places a legal responsibility on construction companies to carry out the work central to the application for planning permission and which is promised to the consumer prior to the sale of the home. It promotes best practice in the industry and seeks to compel all contractors to raise their standards to those equivalent to the best in the industry. It would be preferable if people came together to create a community rather than fighting to ensure the estate is completed. The Bill is designed to ensure the protection of the person who takes out a mortgage and becomes involved in the community. I welcome Deputy Gilmore's initiative. I hope the Government will not put the Bill on a shelf to gather dust and that it will be back for Committee Stage before the end of this year.

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