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

Question 398: To ask the Minister for the Environment, Heritage and Local Government the number of estates taken in charge by a local authority (details supplied) in County Kildare in each of the past five years; the location of these estates; and if he will make a statement on the matter. [38347/08]

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

Question 399: To ask the Minister for the Environment, Heritage and Local Government the number of new estates taken in charge by a local authority (details supplied) in County Kildare in each of the past five years; the location of these estates; and if he will make a statement on the matter. [38348/08]

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

Question 400: To ask the Minister for the Environment, Heritage and Local Government the avenues available to local authorities under the Planning and Developing Act 2000 in relation to the completion of housing estates; his views on further measures in view of recent media reports on the number of estates not taken in charge; and if he will make a statement on the matter. [38352/08]

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

I propose to take Questions Nos. 398 to 400, inclusive, together.

I refer to the reply to Question No. 30 of 23 October 2008.

The information requested in relation to the number of estates taken in charge by local authorities is not available in my Department. However, a new local government service indicator in relation to the taking in charge of estates has been introduced, and will provide benchmark data from 2009 onwards for monitoring the taking in charge process. The information to be reported will include:

the number of requests for taking in charge of estates on hands at the start of the year in question;

the number of estates that were taken in charge in the year in question;

the total number of dwellings in these estates; and

the number of estates in respect of which enforcement action was taken or remedial works were carried out in the year in question.

Planning authorities have a range of powers under the Planning and Development Acts 2000-2006 which may be used to ensure the completion of housing estates in accordance with relevant planning permissions.

A planning authority may attach a condition to a planning permission requiring the giving of adequate security for the satisfactory completion of the proposed development and, if subsequently found necessary, may apply any security given for the satisfactory completion of the development in question.

A planning authority is empowered to refuse to grant planning permission where it forms the opinion that the applicant for such permission has substantially failed to comply with a previous planning permission. No appeal lies to An Bord Pleanála from a decision of a planning authority in this regard. However, an applicant may apply to the High Court for an order annulling such a decision.

Non-completion of a housing estate in accordance with the conditions of the relevant planning permission may constitute unauthorised development, which would be subject to enforcement action by the planning authority.

In the case of unauthorised development, a planning authority may also apply to the Circuit Court or the High Court for an order requiring that such development is carried out in accordance with the conditions specified in the relevant permission.

As indicated in the reply to Question No. 30 of 23 October 2008, I will keep the issue of taking in charge under review and I will be informed in this regard by the information provided by local authorities for the service indicators report for 2008 which will be available in the middle of 2009.