Terence Flanagan (Dublin North East, Fine Gael)
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Question 4: To ask the Minister for the Environment; Heritage and Local Government the steps undertaken by local authorities to ensure developers and owners of unfinished housing estates leave the sites in safe and secure condition, particularly those which have a number of houses inhabited; his views on the condition of many unfinished housing estates throughout the country; and if he will make a statement on the matter. [21954/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
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As outlined in the reply to Question No. 4 of 22 April, my Department is progressing a range of actions, with the co-operation of local authorities and other key stakeholders, to address the issue of unfinished or unoccupied estates. These actions include in the first instance an accurate quantification, classification and mapping of the various types of unfinished or unoccupied estates on a county by county basis to understand the scale and distribution of the problem. Following completion of a pilot exercise with one local authority, a comprehensive national inventory is now under way and should be completed in the middle of the year.

My Department is also preparing a best practice policy manual which aims to identify the necessary responses to ensure satisfactory outcomes in tackling issues on specific sites in a co-ordinated and proactive manner. The responses will require a range of interventions across a number of disciplines – there are issues of public safety, the provision of bonds and securities, environmental protection, building control and estate management.

There is a legal responsibility on developers and site owners to ensure their sites are left in a safe and secure condition. Local authorities are prioritising action to ensure these obligations are discharged and that sites within their areas are properly secured from public access and, where necessary, are made structurally sound. In this regard, existing legislation such as the Derelict Sites Act 1990 and the Litter Acts 1997 to 2003, along with planning legislation, can be and is being used to ensure developers and the owners of sites engage with local authorities in addressing specific difficulties. My Department will also keep the need for further legislative reforms to assist local authorities on this issue under review.

Terence Flanagan (Dublin North East, Fine Gael)
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I thank the Minister of State for his initiatives and efforts to try to deal with what is a major legacy issue. The problem of these multiple housing estates littered throughout the country has been well documented in both the press and on television. Home owners have paid over the odds-----

Brendan Howlin (Wexford, Labour)
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A question, Deputy.

Terence Flanagan (Dublin North East, Fine Gael)
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Many home owners are currently in negative equity and they have been badly let down by the system.

What is the up to date position on the pilot project in Laois? Does the Minister of State have anything new to report since last month? Does the Minister expect that by the end of next month he will have a definitive list of all the unfinished housing estates throughout the country? Will those be listed on the Department's website? What lessons has the Minister's Department learned to ensure history is not repeated and that such a situation does not recur in five or ten years from now?

Ciarán Cuffe (Dún Laoghaire, Green Party)
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In terms of the Laois report, I received that recently. One action we are taking is that we have developed a methodology on classification of different types of unfinished estates comprising categories such as completed but with paths, lighting, parks and green spaces unfinished; estates where initial phases of development have been completed but other parts remain under construction; half built units, including weatherproofed units and walled but unroofed buildings and so on. We wrote to city and county managers a fortnight ago seeking their help in completing the survey. It is early days but there are themes of public safety, completion and management of essential infrastructures, amenities and the long-term future and resolution of sites.

The kernel of the Deputy's question was in regard to how we stop this happening again. The strongest action we can take to stop it happening again is to put in place a proper planning system. I ask the Deputy to get the co-operation of his colleagues in the city and county councils throughout the country-----

Terence Flanagan (Dublin North East, Fine Gael)
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They have it.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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-----to work closely with the management teams and the professional planners and listen carefully to their advice.

To be frank, I was flabbergasted to see that in my county of Dún Laoghaire-Rathdown Fine Gael councillors were to the fore in promoting even more rezonings.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Good man, Ciarán.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Have they and the Deputy learned nothing from the mistakes made?

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The Minister's party has no councillors.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I urge the Deputy to work with his colleagues and tell them to stop putting forward these mad ideas for rezoning. The goose that laid the golden egg is long gone and it would be constructive if the Deputy and his colleagues would think carefully about sustainable planning rather than rezoning land as the solution to our economic woes.

Brendan Howlin (Wexford, Labour)
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It would be better if the Minister of State was not contentious answering questions.

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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He is passionate. That is why his party has no councillors.

Terence Flanagan (Dublin North East, Fine Gael)
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To deal specifically with the issue rather than the charges being made by the Minister of State, what hope will he give to the people living in developments where the developer and builder are bankrupt and are not in a position to finish off these housing estates? What hope can he give those people?

In light of the Minister receiving the Laois report, is he willing to make a statement at this stage or can he give us a definitive date as to when he will announce further information? The inaction by Government in recent years has brought us to this point. In regard to local authorities reporting directly to the Department, what changes has the Minister made or will he make in that regard?

Ciarán Cuffe (Dún Laoghaire, Green Party)
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I do not wish to be confrontational but to echo the real concerns of people, we are putting together a best practice manual to assist local authorities in deciding on the remedial action to take. A primary concern is health and safety to ensure we do everything we can to stop children or vulnerable people going into unfinished developments. That key issue of securing the site is required. We can use the existing planning legislation to do much of that. We can also use the Derelict Sites Acts from 1990.

In terms of developments where the developer simply does not have the funds or is in liquidation, many of these loans will come under the ownership of the National Assets Management Agency and it will be a matter first and foremost for the agency to decide what to do.

Looking realistically at the issue, local authorities will take a proactive response. I spoke about unfinished buildings, but there is also the dangers of unfinished roads that have not received their final coat and that could present health and safety risks. The local authorities will need to take a proactive approach to ensuring that these issues are addressed in the short term.

On the wider issues, for example, where several homes are occupied in an estate but are largely unfinished, and where there might be a litter problem and/or a sewage problem, I believe that county and city managers will do all that they can to improve the quality of life in those areas.

There is no pot of money for completion, of which I am aware. In many cases, there are bonds that have been put up by the developer. We will see what can be done to utilise them to improve life.