Catherine Murphy (Kildare North, Independent)
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Question 329: To ask the Minister for the Environment, Heritage and Local Government if his Department instructed all local authorities to include a requirement for open spaces in housing estates to be vested in the local authority as part of the taking in charge process; if so, when such a guideline was issued; the measures he has taken or intends to take in order to afford the greatest possible protection to older estates where such a requirement did not apply; and if he will make a statement on the matter. [18706/06]

Dick Roche (Wicklow, Fianna Fail)
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Section 180 of the Planning and Development Act 2000, which was commenced on 11 March 2002, expressly provides that, where an order is made under section 11 of the Roads Act 1993 to take an estate in charge, any open spaces within the grounds of the development will be taken in charge as part of the overall development. Section 180 applies to housing estates for which permission has been granted under the 2000 Act and under the Local Government (Planning and Development) Act 1963. Estates built prior to the enactment of planning legislation in 1964 may be taken in charge in accordance with the provisions set out in Section 11 of the Roads Act 1993.

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.

Catherine Murphy (Kildare North, Independent)
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Question 330: To ask the Minister for the Environment, Heritage and Local Government the number of housing estates over seven years that remain to be taken in charge per county; the number of housing units contained in these estates; the number of housing estates over two years that remain to be taken in charge per county; the number of housing units contained in these estates; and if he will make a statement on the matter. [18707/06]

Dick Roche (Wicklow, Fianna Fail)
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On 26 January 2006 my Department issued Circular Letter PD 1/06 reminding planning authorities of their responsibilities in relation to the taking in charge of estates and asking that each authority adopt a policy in this regard. This circular also requested a report from each authority on the issues of estates to be taken in charge. The vast majority of returns have now been received and these indicate that virtually all planning authorities either have a policy in place for talking estates in charge or are in the course of developing one. The returns also indicate that about 550 estates will be taken in charge in 2006, affecting almost 26,000 houses.

The table below sets out the number of housing estates for which planning permission expired more than two years ago that have yet to be taken in charge; it also sets out the number of houses in these estates.

Catherine Murphy (Kildare North, Independent)
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Question 331: To ask the Minister for the Environment, Heritage and Local Government the local authorities which indicated they had included a management company obligation as a condition of planning permission for housing developments; if the practice has ceased for similar new developments; the measures local authorities informed him they intend to take to overcome problems for housing developments where inappropriate planning conditions on management companies applied; and if he will make a statement on the matter. [18708/06]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 332: To ask the Minister for the Environment, Heritage and Local Government if the Government intends to ban management companies in housing estates. [18854/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 331 and 332 together.

In late 2005 I requested that a survey be carried out of planning authorities regarding their policy on attaching planning conditions relating to management companies in housing developments. The responses to that survey indicate that the majority of planning authorities do not attach conditions to planning permissions requiring management companies to be set up in the case of housing estates. A number do in very specific circumstances, for example, where there is a shared waste water treatment plant between a number of houses. Given the existence of such circumstances, it would not be appropriate to place an absolute ban on attaching planning conditions requiring management companies in housing estates.

On 26 January 2006 my Department issued Circular Letter PD 1/06 reminding planning authorities of their responsibilities in relation to the taking in charge of estates and asking that each authority adopt a policy in this regard. This circular clearly stated 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. I am considering whether any additional advice is required in relation to this matter. A Law Reform Commission Working Group is currently examining legal aspects of the management of multi-unit structures generally and the Government will consider the recommendations in its final report, including the need for any new legislation in this area.