John McGuinness (Carlow-Kilkenny, Fianna Fail)

I refer to the role of local authorities and local authority members in regard to this matter. We need to look at this matter in the context of the general development within the country and the move we have seen over a very short period from the traditional style house and housing estates to a mixture of large blocks of apartments and housing units close by, usually townhouses with greater density than is normally the case. In rural areas we have seen small villages and towns outnumbered by the new houses being constructed. That has happened generally throughout County Kilkenny. Most, if not all, of these planning applications have been granted in the usual way with the clauses one would expect. However, in recent times, I have seen a difference in policy between neighbouring counties. There is no consistency across the country in the approach to the granting of permission and the control of these estates in the planning process.

In my experience, the management companies that have emerged deal with the upkeep of large blocks of apartments, as distinct from housing estates. The management companies in housing estates are not what is described in the context of legislation, which refers to those management companies that deal with large apartments. Management companies are absolutely necessary in the context of large apartment complexes. However, I am concerned that the management fee can be constantly increased. I hope the Law Reform Commission can examine this aspect of the matter. What was initially a reasonable fee can in time become a substantial amount of money. If we can legislate on management companies and put a control on how fees can be increased on a year-to-year basis we would be doing something constructive. Perhaps this is something the Law Reform Commission would examine and on which it would make recommendations.

In general, I regret that we no longer have a role in the planning process. In some ways that is to be welcomed but there is an issue in regard to the policy surrounding county development plans and the engineers' interpretation of those plans. In the context of those plans, we should ensure they contain statements that deal with all of the issues that concern us, that are being highlighted in the motion before us. Public representatives have a role to play in highlighting this issue at local level and ensuring it is dealt with in the context of those plans. When we debate the loss of powers for local public representatives we should bear in mind that they can exert their power, ask for a role to play and insist on issues like this being dealt with in the context of local development plans.

In taking over estates in my local area, management companies have been involved in a useful exercise with the local branch of the Construction Industry Federation, CIF. For many years the reliance on bonds from building contractors has caused difficulties as bonds are rarely called in. Arguments continue with local government officials and those who live in housing estates to get their estates completed in the first place. The process is now becoming more organised which has made it easier for estates to be taken over. There is a need to strengthen that process. It is within the remit of county managers and public representatives to come together with those in the construction industry to strike a deal that will look after the interests, not only of good planning within council areas but also the interests of the residents involved in those estates. This is a huge issue. No single rule applies consistently across the country. The matter should be reviewed and, if necessary, the issues that arise from the review should be legislated for to bring about a consistent approach.

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