Batt O'Keeffe (Cork South Central, Fianna Fail)

I welcome the opportunity to address the House on this matter and I thank Senator Morrissey for raising it. As Senators are aware, it was traditional for management companies to operate for apartment developments because it was necessary to have arrangements in place for the upkeep and maintenance of buildings and shared private areas in such developments.

Section 34 of the Planning and Development Act 2000 recognised the practice of establishing management companies by allowing a planning authority to attach conditions to a planning permission for the maintenance or management of the proposed development. In early 2006, my Department carried out a survey of planning authorities in response to complaints that they had inappropriately extended the practice of placing the condition of management companies on traditional housing estates. In response, the authorities indicated that they did not generally do so.

My Department subsequently made it plain to planning authorities that conditions requiring management companies should not be attached to planning permissions for traditional housing estates, that is, estates of houses with individual private gardens, except in very specific circumstances, for example, if a particular service or facility is provided for residents' use only, such as a playground. In January 2006, my Department reminded planning authorities of their responsibilities under the Act in respect of the taking in charge of roads, footpaths, sewerage, etc. in such estates.

Many of the residential estates being built are the newer type of high-density estate containing a mix of apartments, duplex houses and other terraced houses, with shared open spaces instead of traditional gardens. Frequently, these estates contain features such as high-maintenance landscaping and shrubberies, open spaces where interlocking cobbled treatment is used and small playgrounds that would have been intended for residents' use only.

Roads, footpaths, public lighting and sewerage should always be taken in charge by the local authority. However, Senators will acknowledge that some further consideration must be given to whether it is appropriate that all shared areas in high-density estates should be taken in charge and maintained at public expense. It may be that it is appropriate that some of these facilities should be maintained by the residents themselves.

Accordingly, the Department established a working group in August 2006 that is representative of the Department, local authorities, architects, planners and consumer interests. The group is considering the question of responsibility for the maintenance of various common shared facilities in residential estates, including small landscaped open spaces, car parking and playgrounds. The group is also considering the issues around completion of estates and the taking-in-charge process having regard to the statutory requirements under section 180 of the Act. The remit of the group is to develop clear policy advice for planning authorities.

Planning authorities have been advised that pending the outcome of the work of the working group, they should only attach planning conditions in respect of the ongoing management of shared facilities in circumstances where they judge that those are clearly required for the benefit of residents. These circumstances could include apartment blocks, gated communities or where a specific service or facility is provided for residents' use only, such as a private playground. It is intended to issue guidance to planning authorities by early 2007 at the latest.