Alan Kelly (Tipperary North, Labour) | Oireachtas source

I thank the Deputy for what is a very good question. Section 180 of the Planning and Development Act 2000 provides, in respect of the estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, that the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the procedures for taking the estate in charge.

In the case of estates which have not been completed to the satisfaction of the planning authority in accordance with the planning permission and where enforcement proceedings have not commenced within seven years of the expiration of the permission authorising the development, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners of the houses concerned, initiate taking in charge procedures.

This is a serious issue throughout the country. My Department is currently reviewing the taking in charge provisions to determine if they can be improved. The Department will include any appropriate amendments to section 180 in forthcoming planning legislation. My Department is also considering amendments to section 180 that may be required consequential on the establishment of Irish Water and issues that arise as a result.

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