Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

As stated on Committee Stage, the purpose of this amendment is to implement a recommendation of the Law Reform Commission to the effect that only the owners of properties should have a say in respect of whether a development should be taken in charge. The Law Reform Commission noted that the capital value of units owned may be affected where an estate is taken in charge. For example, where an estate's common exterior areas are heavily landscaped, the local authority's taken-in-charge budget may not match the resources required for their upkeep. On the other hand, it might be the case that an estate would be better maintained under the charge of the local authority. In either case, whether an estate is taken in charge can have serious implications in respect of the value of properties. This, in turn, will directly impact on the owners of individual units and, to a much lesser extent, on tenants. Accordingly, I consider it is reasonable that the decision on whether an estate is taken in charge should be made by the owners rather than the occupiers of the units. I am not, therefore, in favour of the proposed amendment.