Jack Wall (Kildare South, Labour)
Link to this: Individually | In context

Question 197: To ask the Minister for the Environment, Heritage and Local Government the meetings he has had or plans to have with the legal system to determine the reason solicitors allow home owners purchase houses in housing estates that are clearly not completed to the specifications and conditions of the planning permissions granted to the developer due to the fact that the roads, paths, landscaping, street lighting and so on are not completed and the home owners are thus taking legal ownership of properties that do not meet the planning guidelines; and if he will make a statement on the matter. [21332/07]

Jack Wall (Kildare South, Labour)
Link to this: Individually | In context

Question 198: To ask the Minister for the Environment, Heritage and Local Government the plans or legislation he has or intends to implement to ensure that housing estates are completed to the specifications and conditions of the planning permission granted in relation to the estate before the developer is permitted to sell the houses; and if he will make a statement on the matter. [21333/07]

John Gormley (Dublin South East, Green Party)
Link to this: Individually | In context

I propose to take Questions Nos. 197 and 198 together.

The non-completion of any development in line with the planning permission for that development is unauthorised development, which is an offence under the Planning Acts. Enforcement of planning control is a matter for the planning authorities, which have substantial enforcement powers and duties under the Planning Acts, including the new power to refuse planning permission, without recourse to the High Court, to a developer who has substantially failed to comply with a previous planning permission.

The 2000 Planning Act also contains other relevant provisions in relation to the completion of housing estates, including provision for planning conditions requiring the giving of adequate security for the satisfactory completion of a development and conditions for the phasing of developments i.e. requiring that one phase of a development would have to be completed in its entirety before the next phase could be commenced.

Also, Section 180 of the Planning Act provides that where estates have not been completed properly 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 whether to take the estate in charge is ultimately one for the discretion of the elected members.

Wider issues relating to the reform of land and conveyancing law are matters for the Minister for Justice, Equality and Law Reform.