John Gormley (Dublin South East, Green Party)

I propose to take Questions Nos. 95 and 142 together.

The Planning and Development Act 2000 sets the statutory framework within which planning authorities must take in charge estates. In addition to the legal framework, my Department has also issued comprehensive policy guidance on the taking in charge of estates. In circular letter PD1/06, planning authorities were reminded of their responsibilities in this area and were asked as a priority to establish a policy on taking in charge to be approved by the members of the authority and reported on to those members on a regular basis or at least annually.

In July 2006, my Department issued circular letter PD5/06 to planning authorities stating that conditions requiring management companies should not be attached to planning permission for traditional housing estates, namely, estates of houses with individual private gardens, except in very specific circumstances. Such circumstances would include, for example, the maintenance of a particular service or shared facility that is provided for residents' use only, such as a playground.

The circular acknowledged, however, that the question of who should be responsible for the maintenance of certain shared facilities in the newer type of mixed estate needed further examination. Accordingly, my Department established a working group, representative of local authorities, architects, planners and consumer interests to consider this issue and other issues related to the taking in charge of estates. The group considered the issue of responsibility for the maintenance of common shared facilities in residential estates including small open spaces, car parking and playgrounds. It also looked at issues relating to the completion of estates and the taking in charge process. The group has completed its work and has produced suggested draft policy guidance for my consideration.

As indicated in previous replies to the House, I will carefully consider the draft policy guidance in the context of the new programme for Government commitments in this area, in order to determine the most effective course of action. I expect this process to be completed shortly.

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