Catherine Murphy (Kildare North, Independent)
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Question 98: To ask the Minister for the Environment, Heritage and Local Government if he will introduce legislation that explicitly sets out the responsibilities which are held by local authorities with regard to the provision of communal facilities such as sewerage, roads and water services and the maintenance of public spaces in order that the public will have a degree of certainty and consistency in this regard; and if he will make a statement on the matter. [9542/06]

Dick Roche (Wicklow, Fianna Fail)
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Section 34(4) of the Planning and Development Act 2000 enables a planning authority to attach conditions requiring a developer to provide roads, open spaces, sewers, watermains or drains and the giving of adequate security for satisfactory completion of the proposed development. Once the developer has completed the development in accordance with the terms of the planning permission, section 180 of the 2000 Act makes provision for the estate — that is, the roads and any sewers, watermains or drains within the grounds of the development — to be taken in charge.

I am satisfied that the legislation is clear on the respective responsibilities of housing developers and local authorities with regard to infrastructure provision. In that regard, my Department issued a circular letter on 25 January 2006 reminding local authorities of their obligations under section 180 of the Planning and Development Act 2000 to begin the procedures to take in charge the public services of housing estates once these are completed to a satisfactory standard, where they are requested to do so by the developer or a majority of the residents of the housing development. The circular letter also clearly states that the existence of a management company to maintain elements of common buildings, carry out landscaping, etc., must not impact upon the decision by the authority to take in charge roads and related infrastructure where a request to do so is made.