Noel Ahern (Dublin North West, Fianna Fail)

By this I mean estates of houses with their own front and back gardens. Planning authorities should take in charge the public roads, no matter what type of residential estate is in question. On 25 January 2006, my Department issued circular letter PD 1/06 reminding local authorities of their obligations under section 180 of the Planning and Development Act 2000 regarding taking in charge of estates. The circular letter states that the existence of a management company to maintain elements of common buildings and carry out landscaping must not impact upon the decision by the authority to take in charge roads and related infrastructure where a request to do so is made. My Department has also asked all local authorities to prepare a policy on the matter. Councillors should be vigilant in upholding that policy.

The issue of planning authorities attaching conditions relating to management companies is not straightforward. This is because the traditional housing estate is, in many areas, being replaced by the mixed estate which contains apartments, duplex houses and terraced houses with shared facilities such as car-parking and gardens. High specification paving, lighting and landscaping are frequently features of such estates. Genuine questions arise as to whether it is appropriate that all these facilities should be taken in charge and maintained at public expense. Many of these facilities are replacing the traditional gardens which, in a conventional housing estate, would fall to be maintained by the residents rather than the local authority.

It is unreasonable to say it might never be appropriate for planning authorities to require the formation of a management company; this would contradict the enabling provisions in this regard decided by the Oireachtas in 2000. There may be instances, say in smaller developments, where the residents might prefer a management company to manage the facilities. In other cases they may have facilities, such as a children's playground or a shared sewage treatment plant, which they want to keep for their own use but which have to be managed.

It is not an exaggeration to say that the face of housing in Ireland is being totally transformed. This transformation has been underpinned by the 2000 Act. Some 35% of all dwellings built in the greater Dublin area are apartments, and that increases to over 50% in Dublin. That demands new policy responses from my Department and from local authorities. As the Deputy knows, I published last December the Housing Policy Framework: Building Sustainable Communities. This sets out an agenda for an integrated package of policy initiatives on matters which included supporting higher densities and compact urban settlement through design innovation in the creation of new homes, new urban spaces and new neighbourhoods.

The Department will also update the residential density guidelines and it is intended to examine the issue of management companies in that context. To do that the Department will shortly set up a working group representing the many interests involved to start considering these complex issues. Consideration will also be given to whether interim guidance should issue to planning authorities regarding planning conditions in relation to management companies. There are issues relating to the operation and control of management companies. My Department has raised ways to try to address those issues with the Department of Justice, Equality and Law Reform, which has certain responsibilities in this area.

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