Seanad debates
Wednesday, 8 March 2023
Nithe i dtosach suíonna - Commencement Matters
Local Authorities
10:30 am
Robbie Gallagher (Fianna Fail)
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The Minister of State is welcome back to the House. I would like to raise the ongoing delays with taking-in-charge applications that residents of housing estates and local authorities are encountering. The taking in charge of residential estates is the statutory responsibility of the planning authority under section 180 of the Planning and Development Act 2000. However, Uisce Éireann, Irish Water, has particular responsibility for the servicing of these estates. Irish Water states that it is co-operating with planning authorities nationally to access the taking in charge of residential estates and the transfer of water service assets located in these estates to Uisce Éireann for ongoing operation and maintenance. However, all over the country residents in many housing estates are finding the process of their estates being taken in charge by local authorities to be a very long and frustrating one. Many of these residents are being told that the process is being held up by Irish Water and when I talk to local authorities that claim is backed up. Money has been spent on these developments to bring them up to the required standard and yet residents find themselves still waiting. When they contact Irish Water they get the standard response to say that the query has been assigned to a certain team member. Unfortunately the delay goes on in these instances.
In County Monaghan queries are being raised in estates in the five main towns of Monaghan, Carrickmacross, Castleblayney, Ballybay and Clones, as well as in estates in several villages. Some 28 housing estates in the county are in a state of limbo for that same reason. I am led to believe that the situation is mirrored across many other parts of the country. Thousands of people are left in this limbo situation, therefore. I understand that Irish Water needs to take time to check out the infrastructure and all of that, but having said that, it still does not explain the long delays people are encountering. From my inquiries with local authorities, they too are relaying their frustration at the fact that the process is taking so long. I do not know whether it is the case that Irish Water is short on personnel to bring these matters forward but there is clearly something seriously wrong here when a small county like Monaghan would have 28 estates with Irish Water awaiting decisions. That clearly indicates that there is a problem.
It is a big problem for the local authorities and it is a bigger problem for many of the residents who find themselves living in these estates. As the Minister of State would know, some of them would like to dispose of their properties and they understand that certain solicitors and financial institutions would have issues with money being raised for somebody to purchase a house on an estate when it has not been taken in charge by the local authority. Solicitors would have other issues and concerns with clients hoping to purchase one of these properties and they may be advising their clients in many cases not to do so. It is a serious problem and it is holding up many people. I would like to hear that perhaps the Minister of State can give me some comfort that the Department is aware that the problem exists, and more importantly, that the Department, being aware of the problem, is addressing the issue with whatever action is necessary in order to expedite these housing estates across the length and breadth of the country being taken in charge.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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Gabhaim buíochas leis an Seanadóir as an gceist seo a ardú. First, planning authorities are required to have a policy on taking in charge within their respective functional areas in accordance with planning circular PD 1/08, which was issued by my Department 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 Planning and Development Act 2000, as amended. 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 of the Act. Under section 180(1) of the Act, the planning authority is obliged to initiate the taking-in-charge process where requested by either the developer, 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) of the 2000 Act 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 provided as part of the planning application for the purposes of ensuring the satisfactory completion of the development. With regard to estates which have not been competed satisfactorily, local authorities have been advised to draw up a priority list of requests from residents for the taking in charge of estates, taking into account such factors as the date of the request, the condition of the estate, the length of time 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) of the 2000 Act 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.
In order 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.The decision to take any particular estate or estates in charge, therefore, is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act, 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 own spending priorities in the context of annual budgetary processes, having regard to both locally identified needs and the funding resources available to the local authority. This includes the taking in charge of estates.
I will come back in with a supplementary reply, if that is okay, as the Senator's question relates to delays in water connections by Uisce Éireann. It is something my Department and I can raise with that body as it is its function. I will come back with a supplementary response on that.
Robbie Gallagher (Fianna Fail)
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I thank the Minister of State for his response. I appreciate he is just taking this matter on behalf of someone else but, unfortunately, the response does not even mention the question in hand. We are wasting everybody's time in many regards with this very disappointing response. It leaves me in a situation whereby I do not know where to go from here.
Will the Minister of State follow up on my behalf regarding the question I raised that has not been addressed in his response? It is very disappointing, not just for me but the thousands of people who find themselves in situations where their lives are put on hold because of Irish Water not being in a position, either due to a lack of manpower or some other reason, to be able to progress these applications for taking in charge. I do not know the reason but, unfortunately, the question I raised has not been answered.
Malcolm Noonan (Carlow-Kilkenny, Green Party)
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I am taking the question on behalf of my Department so I am the appropriate Minister of State. The question specifically related to taking in charge and the taking in charge process. I am not sure whether Senator Gallagher mentioned issues with Uisce Éireann in a supplementary to that. In that regard and by way of reassurance, I will meet with Uisce Éireann representatives in a few weeks, when I can bring this issue up. Our Department can also raise the matter. Uisce Éireann's operational matters are its own priority. We fund its capital works. Given the Senator raised the issue of 28 estates awaiting decisions, all related to Uisce Éireann, it is important we raise the matter with it. He has my assurance I will do that.
Robbie Gallagher (Fianna Fail)
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I thank the Minister of State.