John Gormley (Dublin South East, Green Party)

The non-completion of any development in line with the planning permission for that development is unauthorised development, which is an offence under the Planning and Development Acts 2000 to 2006. As indicated in the reply to Question No. 227 of 7 February 2008, enforcement of planning control is a matter for the planning authorities, which have substantial enforcement powers and duties under the Planning Acts.

The Planning Act 2000 also contains other relevant provisions related to the completion of housing estates, including provision for planning conditions requiring the giving of adequate security for the satisfactory completion of a development and conditions for the phasing of developments. I am satisfied that planning authorities have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.

In addition to this comprehensive legislative framework and in keeping with the programme for Government commitment, my Department yesterday issued updated policy guidance to planning authorities on the taking in charge of estates in the form of circular letter PD 1/08. Each planning authority is now being asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008 on the basis of the framework and wider housing and planning guidance, as set out in the annex to the circular.

The new guidance is primarily focused on proactively addressing the issue of taking in charge at the pre-planning stage. The main principles now set out in the overall framework for taking in charge are as follows. A statement of the facilities that will be taken in charge and the maintenance services that will be provided must be set out and the issue of taking in charge must be addressed at the pre-planning stage with the approved design facilitating the taking in charge of core facilities. Developers will be required, through the development management process, to complete residential developments to a standard that is in compliance with the planning permission granted.

Additional information not given on the floor of the House.

Planning authorities must take all necessary measures in this regard in particular through securing adequate bonds, inspection of construction and the taking of enforcement action when necessary. The procedures for taking in charge will begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including timeframes, must be set out by planning authorities to respond to requests for taking in charge. In general, planning authorities must not attach the establishment of management companies as a condition of planning in respect of traditional housing estates. In relation to older estates, priority must continue to be given to resolving those estates that have been left unfinished or not taken in charge for the longest period.

I am satisfied that this new approach, coupled with the extensive powers already available to planning authorities to deal with non-compliant developers, will appropriately address the issue of unfinished estates.

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