Jan O'Sullivan (Limerick City, Labour) | Oireachtas source

I propose to take Questions Nos. 71, 87 and 104 together.

Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development. The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be transferred by ministerial order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities.

In Circular PL 21/13, issued by my Department to planning authorities on 30 December 2013 in light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to clarify further the existing provisions on the taking in charge of housing estates would be made in 2014. My Department is currently considering, in consultation with Irish Water, what amendments to section 180 of the Planning and Development Act 2000, as amended, will be required in this regard. In addition, in consultation with Irish Water and the local authorities, we are working on developing a protocol for the taking in charge of estates. This protocol will be finalised shortly, following which further advice will be issued to local authorities on this matter.

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