Written answers

Tuesday, 4 March 2008

Department of Environment, Heritage and Local Government

Planning Issues

9:00 pm

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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Question 569: To ask the Minister for the Environment, Heritage and Local Government the position in respect of the taking in charge of estates built prior to the Planning Acts in 1963; and if he will make a statement on the matter. [9151/08]

Photo of John O'MahonyJohn O'Mahony (Mayo, Fine Gael)
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Question 570: To ask the Minister for the Environment, Heritage and Local Government the reason some housing estates in County Mayo have not been taken in charge for periods of up to eight years since the building works had finished; and if he will make a statement on the matter. [9152/08]

Photo of James BannonJames Bannon (Longford-Westmeath, Fine Gael)
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Question 572: To ask the Minister for the Environment, Heritage and Local Government his plans to address the problems of exorbitant management fess which are crippling the residents of an estate (details supplied) in County Longford, who consider that fees for public lighting, roads, sewerage and public insurance should not be incurred by the residents but rather covered by the payment of taxes; and if he will make a statement on the matter. [9199/08]

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 569, 570 and 572 together.

Legislation governing the regulation of management companies is a matter for my colleague the Minister for Justice, Equality and Law Reform, with the Minister for Enterprise, Trade and Employment being involved in relation to any company law aspects.

As Minister for the Environment, Heritage and Local Government, I have overall responsibility for the legislative and policy framework governing the taking in charge of estates. I have no function in relation to the taking in charge of particular estates as this is a matter for the relevant planning authority concerned. Section 180 of the Planning and Development Act 2000, requires planning authorities to commence taking in charge procedures in relation to residential developments, finished or unfinished, where certain conditions have been met.

In addition to the legislative framework, and as set out in the reply to Question No. 19 of 27 February 2008, my Department has also issued updated policy guidance to planning authorities on the taking in charge of estates in the form of circular letter PD 1/08. Each planning authority is being asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, on the basis of the framework, and wider housing and planning guidance, as set out in the annex to the circular.

The circular letter also states that priority must continue to be given to resolving those estates that been left unfinished / not taken in charge for the longest period.

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