Paul McAuliffe (Dublin North West, Fianna Fail)
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As a Government TD who has supported housing, I welcome the 69 new units which will be developed in Cappaghfinn and launched by Fingal County Council very soon. The real regret is that in order for anyone to access that estate, for the cathaoirleach of Fingal County Council to cut the ribbon or for me to attend the opening ceremony or indeed for many of the families to enter the estate and to live there they would have to travel through the Heathfield estate. We all know the issue of estates that have not been taken in charge by local authorities, but for more than a decade this estate has suffered from all the classic characteristics we see in estates that have not been taken in charge: the roads are unfinished in many places and need to be resurfaced; there are green spaces and undeveloped spaces which are unsafe for children and which pose an eyesore in the community; there are footpaths that are unfinished; and there is a playground that is in a perilous state, a really dangerous state, but for which the equipment is there.

It is very simple: Fingal County Council has not moved quickly on this estate over the decades. I think we accept that. I have no doubt but that the new development has given the council an impetus. As recently as Christmas, an area was cleared and separated with hoarding. A planning enforcement notice has been issued against the developer in respect of the site. There is an unfinished element of it where three retail units were due to be developed.

In some ways I am scratching my head as to how on the floor of the Dáil I am raising all these issues with a Government Minister, but I implore him to do everything he can in order to ensure that Fingal County Council takes those necessary steps in order to take the estate in charge and to help resolve some of those issues.

In no way do I expect the developer to get off the hook on its financial obligations, nor do I expect the local authority to take on those responsibilities. We have to be realistic, however, that after more than a decade there will be things which will be done and things which will not be done. In order for us to maintain this community in a manner in which it should be maintained and allow the new residents who will drive over these roads that are not completed, Fingal County Council must do what it needs to do in order to secure the estate. The residents there are incredibly frustrated. I met with them there just two weeks ago, on a Saturday morning. I expected there to be two or three residents when, in fact, more than 25 came out to meet me. People are really frustrated, they are angry and they are giving up. They cannot concentrate on nice things like family fun days, clean-ups and really good work in terms of environmental projects because the very basics are not there. Also, they do not have the trust and confidence to work with the local authority, and we know that many community groups need that trust and confidence to do really good stuff in their areas. We therefore need to allow them move on, do the work and welcome their new neighbours into the estate, but to do all that Fingal County Council has a lot of work to do. I hope the Minister and the Government will assist them in doing that.

Ossian Smyth (Dún Laoghaire, Green Party)
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Again, on behalf of the Minister for Housing, Local Government and Heritage, I will answer this. I thank the Deputy for raising this important issue on the taking in charge of private housing estates by local authorities.

With regard to the specific development in the Deputy's constituency, I have to emphasise that under section 30 of the Planning and Development Act 2000, as amended, the Minister for Housing, Local Government and Heritage is specifically precluded from exercising any power or control in respect of any particular case in which a planning authority or the board is or may be concerned. Therefore, my comments today on the Minister's behalf must at all times be general and will refer to the process relating to the taking in charge of housing estates. I will not refer to the specific estate mentioned in the Deputy's question.

First, all planning authorities are required to have a policy on taking in charge within their respective functional areas. That is in accordance with planning Circular PD 1/08, which was issued on 26 February 2008. Second, the legislative process for the taking in charge of housing estates by local authorities is set out in section 180 of the Act. The prescribed process in this regard applies to residential developments consisting of two or more dwellings that have been granted planning permission under section 34. Under section 180(1), the planning authority is obliged to initiate the taking-in-charge process where requested by either the developer of, or by the majority of owners of the dwellings in, the estate in question. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions attached thereto.

Where developments have not been completed to the satisfaction of the planning authority, and where enforcement proceedings in this connection have not been commenced by the planning authority within four years of the expiry of the planning permission relating to a development, section 180(2)(a) provides that the planning authority shall, where requested by the majority of owners of the houses involved, initiate the taking-in-charge procedures under section 11 of the Roads Act 1993, as amended. Where this particular approach is being progressed, the authority may apply the security or development bond that was provided as part of the planning application for the purposes of ensuring the satisfactory completion of the development.

With regard to estates that have not been competed in a satisfactory way, local authorities have been advised to draw up a priority list of requests from residents for the taking in charge of estates within their functional areas, taking into account factors such as the date of the request, the condition of the estate, the length of time that it has been left in an unfinished state and the funding resources available to complete such estates. Furthermore, where the calling-in of the development bond is not possible, section 180(2)(a) provides that the initiation of the taking-in-charge procedures under section 11 of the Roads Act 1993 shall not preclude the planning authority concerned from pursuing a developer for any costs incurred by the authority in respect of necessary works undertaken on a development to enable it to be taken in charge by that authority.

To conclude the taking-in-charge process where the development has been deemed to have been satisfactorily completed, a local authority is required to make a declaration under section 11 of the Roads Act 1993 following a proposal by the executive. The making of such a declaration, which effectively confirms that the authority is prepared to take over responsibility for the ongoing maintenance of the public works elements of the estate, is a reserved function of the elected members of a local authority and, therefore, the decision to take any particular estate or estates in charge is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act 1993, will make such a decision.

In addition, it should be noted that financial decision-making and the accountability of local authorities is a matter for the elected members of a local authority, who have direct responsibility in law for all reserved functions of the authority, which includes the adoption of the annual budget of the local authority. In this regard, section 103 of the Local Government Act 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and the funding resources available to the local authority. This includes the taking in charge of housing estates.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Before Deputy McAuliffe comes in, I am a little curious about this. I understand section 30 of the Planning and Development Act 2000 precludes the Minister from involvement in any planning application or decision, whether by the local authority or the board, but this is not a planning matter. This is something that arises in the aftermath of the planning permission being granted and it is an essential detail around the completion of the development, separate from the planning process.

Paul McAuliffe (Dublin North West, Fianna Fail)
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The Ceann Comhairle got in ahead of me. I was going to make the same point but it comes with more force-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Great minds think alike.

Paul McAuliffe (Dublin North West, Fianna Fail)
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When the point is made from the Chair, it is more helpful. I ask the Minister of State to reflect on that.

I take his comments in the tone they are made because what they are essentially saying is that often in Ireland we do not devolve enough responsibility to local authorities and that we do not give them the powers to pursue it. What he said is that this is a matter for both the executive and the elected members of the local authority. I would expect it to first follow through on the procedures that are available to it. Second, I would expect it to apply additional funding and priority to them.

The Minister of State said that the local residents should identify issues that are required, and they have done that. Those matters are simple. They want to know what the plans are for the old builder's yard, which is adjacent to the entrance. There are three retail units planned on this site and they want to know if they will go ahead and who will develop them. If they do not, they want to know if it will be reseeded and grassed. There are relevant internal roads that are due to be resurfaced and they have asked when that will happen. The kid's playground, which I have mentioned, needs to be renovated and brought up to purpose, and the green areas in front of Heathfield View are surrounded by fencing, which is attracting illegal dumping.

These are all matters that are perhaps best dealt with at a local authority meeting, and it is with frustration that we bring them to the House. I ask the Minister of State to see whatever role he can play, given the Ceann Comhairle's direction, and perhaps in response to the comments I have made. Perhaps he can just communicate the frustration that I conveyed to him directly to Fingal County Council. He could say to the council that the matter has been brought in front of the Minister and he could outline the procedure that he has outlined this evening. I will inform the council that I expect every step to be followed. As I say, there is a good news story here on the addition of 69 houses but it is a bad story when the residents have to enter through an estate that is unfinished.

Ossian Smyth (Dún Laoghaire, Green Party)
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I note the views of the Ceann Comhairle and the Deputy on the meaning of the Act. The Minister for Housing, Local Government and Heritage has asked me not to refer to the specific development but to speak in generalities. We can manage this case-----

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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That is fair enough.

Ossian Smyth (Dún Laoghaire, Green Party)
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-----by sticking to the generalities of the case. As the Deputy said, there is devolved power in this case. It is a devolved power to take in charge, following a majority vote from the residents of the estate. Second, there is the power to set budgets. Fingal County Council sets its own rates and it has a large rates base, including the airport. It also sets its own property taxes. In doing so, it can decide then how it will spend its money. It is not good to leave an estate unfinished or to leave it in a way which is leaving people to have a poor quality of life and so on, and the Deputy has described in detail what the issue is there.

The taking in charge of housing estates is a reserved function of elected members of local authorities and it is also a reserved function of local authorities to set their budgets. These are important functions that the elected members of a local authority are responsible for and oversee. Therefore, ultimately, the progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the owners of the properties in such developments and the relevant local authority to consider on a case-by-case basis, following the procedures set out in section 180 of the Planning and Development Act.

I will take the Deputy's frustration to the Minister and I would say to any local authority, including Fingal County Council, that it is responsible for taking in charge of estates, particularly in a case where the residents wish it to be taken in charge, where it has not been taken in charge for a long period, where there is any sense that it is unsafe or where it is leading to poor quality of life. Local authorities should set their policies around taking in charge appropriately and they should use their budgets appropriately and direct them towards resolving that situation.

Seán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank the Ministers of State, Deputies Ossian Smyth and Butler, for being here, and I thank Deputy McAuliffe and his colleagues for raising these matters.