Róisín Shortall (Dublin North West, Labour)
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Question 266: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the difficulties faced by residents in an affordable housing partnership (details supplied) in Dublin 11; the mechanism available to such residents to ensure an adequate standard of completion of their homes; the steps he is taking to ensure acceptable standards in new homes in this sector; and if he will make a statement on the matter. [11805/07]

Dick Roche (Wicklow, Fianna Fail)
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My Department has not received representations referred to in the Question, which I understand is a private residential development.

The developer of a residential estate is statutorily required to complete this development in accordance with the terms of the planning permission and a development which has not been completed in accordance with the planning permission is unauthorised development. Enforcement of planning control is a matter for the planning authority, which can take action where a development requiring planning permission has not obtained permission, or where permission has not been complied with.

Under the Planning and Development Act 2000 planning authorities have substantial enforcement powers. The Act also contains other relevant provisions in relation to the completion of housing estates:

Sections 34(4)(g) and 180(2)(b) of the Act provide that a planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of a development, and, if the development is not subsequently completed satisfactorily, may apply the security to that satisfactory completion.

Section 160 of the Act provides that a planning authority may apply to the Circuit Court or the High Court for an order requiring that a development be carried out in accordance with the permission.

It is clear therefore that planning authorities have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permissions.

The 2000 Act also imposed new duties on planning authorities in the enforcement area. A planning authority must issue a warning letter in relation to any unauthorised development it becomes aware of (except in the case of trivial or minor development), no matter how it becomes aware of it. There is also a statutory obligation to carry out an investigation and expeditiously decide whether an enforcement notice should be issued. The planning authority's decision on whether to issue an enforcement notice must be entered on the planning register and, in cases where it is decided not to issue an enforcement notice, any complainant must be informed.

Accordingly if the residents consider that this estate has not been completed in accordance with the planning permission, they should make a written complaint to the planning authority, who, as stated above, are obliged to follow up such complaints.

Section 180 of the Planning Act provides that where estates have not have been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period, the planning authority must, if requested to do so by the majority of the residents of the estate, initiate the procedures for taking the estate in charge. The decision as to whether to take the estate in charge is ultimately one for the discretion of the elected members.