Paddy McHugh (Galway East, Independent)
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Question 229: To ask the Minister for the Environment, Heritage and Local Government his views on the taking charge of housing estates by local authorities at the request of residents; and if he will make a statement on the matter. [21471/06]

Paddy McHugh (Galway East, Independent)
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Question 230: To ask the Minister for the Environment, Heritage and Local Government his views on the taking charge of housing estates by local authorities; and if he will make a statement on the matter. [21472/06]

Dick Roche (Wicklow, Fianna Fail)
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I propose to take Questions Nos. 229 and 230 together.

In relation to traditional housing estates, with their own front and back gardens, I have already stated my position that these estates should be taken in charge by the planning authorities when they have been completed by the developer in accordance with the terms of the planning permission. The Planning and Development Act 2000 contains clear and effective provisions in this regard. Section 180 refers to housing estates which were granted planning permission and provides, in relation to an estate which has been completed satisfactorily, that the planning authority must if requested to do so by the majority of the owners or occupiers, initiate the procedures for taking the estate in charge. There is a similar duty on the planning authority in relation to an estate which was not completed in accordance with the permission, except where enforcement action has been taken by the authority within the relevant period. The final decision as to whether to take an estate in charge must be endorsed by the elected members.

In order to ensure that these provisions are being properly applied, my Department wrote to all planning authorities in January 2006. In circular letter PD 1 of 2006 planning authorities were reminded of the legal obligation imposed by section 180. The circular also stated that planning authorities must establish a policy on completion and taking in charge of estates, a policy which would include:

—requirements on developers to complete estates to a standard that is acceptable to the authority for taking in charge and to provide adequate levels of security;

—procedures to begin taking in charge housing estates promptly on foot of requests; and

—sufficient funding to be made available.

It was also 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.

The traditional housing estate is, in many areas, being replaced by the mixed estate which contains apartments, duplex houses and terraced houses, with shared facilities such as car-parking and gardens. High specification paving, lighting and landscaping are frequently features of such estates. Genuine questions arise as to whether it is appropriate that all these facilities should be taken in charge and maintained at public expense. Many of these facilities are replacing the traditional gardens which, in a conventional housing estate, would fall to be maintained by the residents rather than the local authority.

It may be appropriate that in the case of these newer estates, a management company should be in place to maintain facilities on behalf of the residents. In some cases the residents of such estates may have purchased their homes on the basis that the development should remain a private one and should not be taken in charge by the local authority.

I published a new Housing Policy Framework: Building Sustainable Communities last December. This sets out an agenda for an integrated package of policy initiatives on matters which included supporting higher densities and compact urban settlement through design innovation in the creation of new homes, new urban spaces and new neighbourhoods. In line with this, my Department is at present updating the residential density guidelines. It will be appropriate to examine further the issues of taking in charge and management companies in this context.