Olwyn Enright (Laois-Offaly, Fine Gael)
Link to this: Individually | In context

Question 19: To ask the Minister for the Environment, Heritage and Local Government the steps he will take to remedy the situation where many housing developments are not being completed by developers up to the standard demanded by local authorities which result in local authorities not taking them in charge for a considerable length of time; and if he will make a statement on the matter. [8164/08]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

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.

Terence Flanagan (Dublin North East, Fine Gael)
Link to this: Individually | In context

I thank the Minister for his response. There is a major issue surrounding the taking in charge of housing estates and developers' bonds, which are too low in some instances, with developers walking away from new housing estates and not finishing them properly. There are, for example, many unfinished roads and substandard houses throughout the country. While local authorities carry out some checks, there are not enough people in most planning enforcement sections, which are under-resourced and under-staffed, to adequately cover this area.

I welcome the Minister's circular letter issued to the various local authorities but it is not sufficient. We must make it compulsory for new developments to be regularly checked by local authorities. Will the Minister consider issuing a new circular to the effect that it is compulsory for new developments to be regularly inspected by planning authorities? I also ask him to standardise the taking in charge document and ensure there is strict enforcement, adherence to timetables and a reduction from seven to four years for the taking in charge of estates because the current system is not working.

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

The main elements of the policy guidance contained in my circular letter will be incorporated into the new sustainable residential development guidelines, which are currently available for public consultation. They will be issued under section 28 of the Planning and Development Act 2000 later this year, which will give them more teeth. The planning authorities are obliged to have regard to such guidelines in the exercise of their functions under the Planning Acts, which is important.

The implementation of the new policy in this area will, as the Deputy pointed out, require the commitment of additional resources by planning authorities, particularly in terms of pre-application consultation and inspection of construction. I am aware that it will require extra resources and, therefore, my Department has completed a review of planning application fees, which were last increased in 1998. I am currently considering the review recommendations with a view to determining whether the increases are warranted and the level of any such increases.

Ciarán Lynch (Cork South Central, Labour)
Link to this: Individually | In context

As has been the case in terms of the Adamstown project, we have all been approached by residents whose estates have not been taken in charge for eight or nine years. The builders may not be in business anymore. In the Adamstown case, specific quantities of housing needed to be completed and brought up to standard before the next development phase could occur. I urge the Minister's Department to consider the issue in this context so that the situation of a series of housing estates being incomplete and necessitating taking in charge can be avoided. I urge the Department to take on board the suggestion that the development should be dealt with incrementally as it is being rolled out.

Terence Flanagan (Dublin North East, Fine Gael)
Link to this: Individually | In context

I welcome the circular, but the issue is the compulsory enforcement by local authorities. Given that 61,127 units have not been taken in charge, a sizable portion of housing estates, the process is not working. Home owners do not know their rights, including that local authorities must take their estates in charge if a majority of owners agree. It must be communicated to the people.

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

Deputies have raised important points. Deputy Ciarán Lynch's point on Adamstown is particularly good. This year, a new local government service indicator will be introduced to provide benchmark data in 2009 for monitoring the taking in charge process. Priority will be accorded by individual authorities to the taking in charge of unfinished or legacy estates.

While my circular will address the situation from now on, our legacy problem dates back many years and must be dealt with. Housing estates springing up all over the country is a Celtic tiger phenomenon. What has occurred in terms of planning and letting down so many individual house owners is disgraceful.