Bernard Durkan (Kildare North, Fine Gael)
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Question 257: To ask the Minister for the Environment, Heritage and Local Government the number of estate management companies operating in various estates in County Kildare; the legal basis for their establishment; the number of housing units under their management; the average cost to individual householders; if all such estates have been taken in charge by the local authority; and if he will make a statement on the matter. [19201/08]

John Gormley (Dublin South East, Green Party)
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My Department does not hold information on the extent to which management companies are operating throughout Co. Kildare or on the number of estates currently taken in charge in Co. Kildare.

Section 180 of the Planning and Development Act 2000 provides, in relation to any residential estate containing roads, watermains, sewers, drains, etc, that where the estate is completed in accordance with the planning permission, the planning authority must initiate taking in charge procedures as soon as possible following a request to do so by the developer or by the majority of the owners or occupiers who are qualified electors. In relation to estates which have not been completed properly in accordance with the terms of the permission and in respect of which enforcement action has not been taken within 7 years of the expiration of the planning permission, section 180 provides that the planning authority must similarly initiate the taking in charge procedure at the request of the majority of the owners or occupiers who are qualified electors.

In February 2008 my Department issued policy guidance to planning authorities on the taking in charge of estates. Circular Letter PD 1/08 set out a framework for a taking in charge policy by planning authorities, comprising a number of elements, including protocols and time frames for responding to requests for taking in charge.

As part of the overall review and update of the local government service indicators, a new indicator in relation to the taking in charge of estates is being introduced from 2008 onwards. This will provide information, from 2009 onwards, of the number of requests for taking in charge of estates made to a planning authority in a year, the number actually taken in charge, etc.

The establishment of management companies is governed by the Companies Acts which are a matter for the Minister for Enterprise, Trade and Employment.