Ciarán Lynch (Cork South Central, Labour)
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Question 562: To ask the Minister for the Environment, Heritage and Local Government the progress made in regard to the commitment given in the Programme for Government to clearly set out the duties of local authorities in relation to the provision of services for all residential developments. [19382/08]

John Gormley (Dublin South East, Green Party)
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In addition to the comprehensive legislative framework already in place, and in keeping with the Programme for Government commitment, my Department issued updated policy guidance to planning authorities in February 2008 on the taking in charge of estates in the form of circular letter PD 1/08. Each planning authority is now 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 new guidance is primarily focused on proactively addressing the issue of taking in charge at the pre-planning stage. The main principles now set out in the overall framework for taking in charge are: a statement of the facilities that will be taken in charge and the maintenance services that will be provided must be set out and the issue of taking in charge must be addressed at the pre-planning stage with the approved design facilitating the taking in charge of core facilities; developers will be required, through the development management process, to complete residential developments to a standard that is in compliance with the planning permission granted; planning authorities must take all necessary measures in this regard in particular through securing adequate bonds, inspection of construction and the taking of enforcement action when necessary; and the procedures for taking in charge will begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate; protocols, including time frames, must be set out by planning authorities to respond to requests for taking in charge; in general, planning authorities must not attach the establishment of management companies as a condition of planning in respect of traditional housing estates; in relation to older estates, priority must continue to be given to resolving those estates that have been left unfinished or not taken in charge for the longest period.

This new approach, coupled with the extensive powers already available to planning authorities to deal with non compliant developers, will appropriately address the issue of unfinished estates.