Pádraic McCormack (Galway West, Fine Gael)
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Question 579: To ask the Minister for the Environment, Heritage and Local Government if he will make a statement on the replies he has received from local authorities in relation to the attachment of conditions, relating to management companies, to planning permission for residential developments; and if he has given instructions to local authorities to discontinue the inclusion of such conditions where the application is for conventional housing estates. [24389/06]

Dick Roche (Wicklow, Fianna Fail)
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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. Some 90% of respondents have indicated that they attach conditions to planning permissions requiring management companies in the case of apartment developments and a large majority also indicated that they attach such conditions for mixed developments of apartments and houses but only for the communal areas relating to the apartments. In relation to estates comprising houses only, about 40% of respondents do on occasion attach conditions regarding management companies to such estates. However these planning authorities have stated, in the main, that it is not their general policy to attach such conditions to housing estates and that they only do so in very specific circumstances, for example: holiday home developments; if a local authority service is not immediately available e.g. water and sewerage; if the developer indicates that they do not wish the development to be taken in charge; or a specific service or facility is provided for residents use only such as a playground.

As I have stated previously, the related issues of planning conditions regarding management companies and taking in charge are quite complex, particularly in the newer mixed estates which contain apartments, duplex houses and terraced houses, with shared facilities such as car-parking and gardens. My Department is at present updating the residential density guidelines following on the publication of the Housing Policy Framework: Building Sustainable Communities, last December. It will be appropriate to examine further the issues of taking in charge and management companies in this context.