Dáil debates

Tuesday, 4 February 2014

3:55 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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91. To ask the Minister for Environment, Community and Local Government his plans to revise the planning legislation on the taking in charge of housing developments; and if he will make a statement on the matter. [4839/14]

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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The reason I have tabled this question is because the regulations in the legislation have changed in that previously it stated that the majority of residents could request that an estate be taken in charge. That has changed now to refer to the legal owner. Where owner-occupiers form a minority in an estate, that causes huge problems.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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My Department is currently considering, in consultation with Irish Water, the amendments to section 180 of the Planning and Development Act 2000, which relates to the taking in charge of housing developments, that will be required in the context of the establishment of Irish Water and the transfer of water and wastewater infrastructure assets to Irish Water. My Department will also consider whether it is appropriate to make further amendments to section 180 on the taking in charge provisions generally in the context of the forthcoming planning Bill, which is being progressed primarily to implement the main recommendation of the Mahon tribunal for the establishment of the Office of the Planning Regulator but which will also review other elements of the Planning and Development Act. I intend that the necessary legislative amendments would be made as soon as possible.

I appreciate that is a general answer and the Deputy has raised a specific on which he may have further questions.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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I have raised a specific issue because section 181 of the Act was changed. It stated that the majority of the people on the register of electors could sign a petition to the local authority requesting that an estate be taken in charge but the law has been changed now to refer to the legal owners. That causes two problems. First, because of the tax designation and so forth in many parts of my constituency, developers are continuing to hold on to some of the properties. The owner-occupiers, therefore, do not form a majority of the residents in the estate and it is very difficult for them to force the local authority to take the estate in charge. That causes huge problems. Second, in terms of trying to source that legal documentation, particularly if one is in difficulty with the bank, the last thing one wants to do is go into the bank to look for legal documentation that one can show to the local authority to prove one is the legal owner of the property.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I appreciate that there is a specific issue in that regard. The legislation refers to the owners of housing units. As I said, significant planning legislation is due to come forward and I will examine it to see whether, with regard to taking estates in charge, there are areas that need to be changed. I would make the point, however, that the local authority does not have to wait to get this request from the legal owners. It can initiate the process of taking in charge but I appreciate the Deputy is raising a specific issue, which relates to changing demographics and the fact that the majority of occupiers of houses in any one estate may not necessarily be the owners. I appreciate the Deputy raising the issue.

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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I would make two points. First, the Minister of State needs to check that because she may be legally incorrect in that regard. A request has to be made by either the developer or the legal residents for the estate to be taken in charge.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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The developer can request it as well.

4:05 pm

Photo of Denis NaughtenDenis Naughten (Roscommon-South Leitrim, Independent)
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The difficulty is that the developer is left with responsibility for it because of the way the legislation is worded. Why was the reference changed from residents - that is, the people who are on the register of electors - to the legal owners? Given the amount of bureaucracy involved in proving legal ownership, would it not make more sense to use the property register as a mechanism to identify owner-occupiers, who have a long-term interest in their estates, rather than landlords or developers?

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I could comment on why the legislation was changed but, obviously, I was not the person who changed it. Deputy Naughten asked me to examine the current situation. I will consider the issue in the context of forthcoming legislation.

Photo of Dessie EllisDessie Ellis (Dublin North West, Sinn Fein)
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I also wish to express concern about this issue. It has always been the case that residents were consulted in regard to estates being taken in charge. However, the process of taking an estate in charge can last between four and eight years. We are still chasing the completion of certain estates to this day. I fear the final decision will be left to people who own their properties. It would be outrageous to tell people living on these estates that they do not have a say or cannot request that they be taken in charge. We cannot leave it to a small number of people to make the decision.

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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As I noted earlier, we will be introducing a significant piece of planning legislation in the near future. The primary intention of the legislation is to implement recommendations arising from the Mahon tribunal and to ensure the planning system is trusted. Any Member who has been on a local authority will be aware that issues relating to taking in charge of estates occupy a significant amount of attention for councillors and residents. I agree that we should examine the legislation in this regard on a regular basis. With regard to the Deputy's questions about the length of time involved and ownership versus occupancy, we will have an opportunity to debate these and other issues in the context of the forthcoming legislation.