Áine Brady (Kildare North, Fianna Fail)

I am replying to this Adjournment on behalf of my colleague, the Minister for the Environment, Heritage and Local Government, Deputy John Gormley. I thank Deputy Brady for raising this important matter.

The Government has demonstrated a clear commitment to dealing effectively with the range of complex issues relating to multi-unit developments and is bringing forward a comprehensive suite of legislative proposals in response to the Law Reform Commission's report on such developments. In its consultation paper issued in late 2006, the commission made a number of recommendations relating to areas within the remit of the Department. It identified issues relating to the physical nature of such developments, including size, configuration, facilities and location. In particular, the commission considered that in the past far too many multi-unit developments had not been built to suit families, which was undesirable in terms of sustainability. The commission also recommended that guidelines should be issued on the taking in charge of estates.

The commission's final report commended the progress made by the Department in responding to these matters, noting that, in the period since the publication of the consultation paper, the Department had published a suite of planning guidelines focused on planning and a sustainable built environment. These include guidelines on design standards for new apartments published in September 2007 promoting successful apartment living for individuals and families; guidelines on sustainable residential development in urban areas, promoting high quality living standards in new residential developments; encouraging higher density developments at appropriate locations, such as those with access to public transport, and emphasising that new residential development must be integrated with facilities and services for the new community and promote energy efficiency; and comprehensive guidance on the taking in charge of residential developments-management arrangements in February 2008.

The commission considered that these guidelines should have the status of policy directives. The Planning and Development (Amendment) Bill 2009, currently on Second Stage in the Dáil, will strengthen the implementation requirements on planning authorities in relation to planning guidelines issued by the Minister. This will have the effect of substantially implementing the commission's recommendation. The commission also recommended in its final report that the wording of section 180(6) of the Planning and Development Act 2000, which allows occupiers and unit owners to vote on the question of taking in charge of a multi-unit development, be reconsidered in light of the practical difficulties which the current wording presents. Accordingly, provision is also being made in the current Bill to provide that it is the owners, rather than the occupiers of residential units, who will decide whether to request the taking in charge of the estate.

The Law Reform Commission's report identified a range of other key issues to be addressed in new legislation. As the Deputy will be aware, the Multi-Unit Developments Bill 2009, introduced by the Minister for Justice, Equality and Law Reform in 2009, is currently before the Seanad. This Bill forms the centrepiece of the Government's strategy to deal with multi-unit developments and management companies.

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