John Gormley (Dublin South East, Green Party)

I propose to take Questions Nos. 94, 108, 119, 140 and 456 together.

Section 180 of the Planning and Development Act 2000 sets out the legal requirements for planning authorities for the taking in charge of residential estates where certain conditions have been met. Updated policy guidance on this matter in the form of circular letter PD 1/08 was issued to all planning authorities by my Department in February 2008.

Facilities required to be taken in charge are set out in the policy guidance. They include public roads and footpaths, unallocated surface parking areas, public lighting, public water supply, foul and storm water drainage and public open spaces. The guidance also sets out the limited circumstances in which planning authorities should attach conditions to planning permissions for management companies or other management arrangements.

Each planning authority was asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008 on the basis of the updated policy guidance, and to ensure its revised policy be made available to the public, published on its website and continue to be reported on to the elected members on a regular basis.

The new service indicator for the taking in charge of estates will provide benchmark data from 2009 onwards for monitoring the taking in charge process and, in particular, the priority being accorded by individual planning authorities to the taking in charge of unfinished or legacy estates. The information to be reported will include the number of estates taken in charge in the year in question, the total number of dwellings in these estates and the number of estates in respect of which enforcement action was taken.

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