Catherine Murphy (Kildare North, Independent)
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Question 561: To ask the Minister for the Environment, Heritage and Local Government if Section 180 of the Planning and Development Act 2000 as it relates to petitioning to have an estate taken in charge is two years or seven years after the planning permission has exhausted; if he is considering reducing the timeframe for such a petition; his views on whether more strenuous protections need to be put in place to protect house purchasers from rogue developers; and if he will make a statement on the matter. [13876/07]

Dick Roche (Wicklow, Fianna Fail)
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The Planning and Development Act 2000 sets the framework within which planning authorities must take in charge estates. Section 180 of the Act distinguishes between estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission and estates which have not been so completed.

In the case of the former there is no set time limit for taking in charge: the developer, or a majority of the residents, may request that the estate be taken in charge as soon as it is completed in accordance with the permission and on foot of such a request the planning authority is required to initiate the taking in charge procedures.

Where estates have not been completed to the satisfaction of the planning authority in accordance with the planning permission, section 180 provides that, where the planning authority has not taken enforcement action within 7 years of the expiration of the permission, it will be required to initiate taking in charge procedures at the request of a majority of the residents. This timeframe was granted to give planning authorities time, after the expiration of the planning permission, to take action to compel developers to finish estates in accordance with the planning permission.

In addition to the legal framework, my Department has also issued policy guidance on taking in charge of estates in the form of circular letter PD 1/06. Planning authorities were reminded of their responsibilities in this area and were asked as a priority to establish a policy on taking in charge to be approved by the members of the authority, and reported on to those members on a regular basis or at least once annually.

On the issue of enforcement of planning control, the substantial powers already given to planning authorities to deal with unauthorised development have been significantly strengthened in the Planning and Development (Strategic Infrastructure) Act 2006. This effectively reverses the burden of proof in relation to the refusal of planning permission to a developer who has substantially failed to comply with a previous planning permission. Under the amended provisions, the authority may refuse permission in such a case and the developer will have to go to the High Court if he or she wishes to apply to have this decision annulled. I am satisfied that planning authorities now have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.