Ciarán Lynch (Cork South Central, Labour)
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Question 240: To ask the Minister for the Environment, Heritage and Local Government if his attention has been drawn to the failure by some local authorities to comply with their obligations under the Planning and Development Act 2000 to take in charge residential developments and that this failure has meant the absence of public lighting in some social housing estates; and if he will make a statement on the matter. [2489/09]

John Gormley (Dublin South East, Green Party)
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The taking in charge of a residential estate is a matter for the relevant planning authority. Under section 180 of the Planning and Development Act 2000, a planning authority must take in charge a residential development at the request of the developer, or a majority of the residents, where certain conditions are met.

In February 2008 my Department issued updated policy guidance to planning authorities on the taking in charge of estates. Each planning authority was asked to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, on the basis of the updated policy guidance, to ensure that its revised policy is made available to the public and published on its website and is the subject of regular reports to the elected members.

A new local government service indicator in relation to the taking in charge of estates has been introduced, which will provide benchmark data from 2009 onwards for monitoring the taking in charge process. The information to be reported will include — 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. Informed by this data, which will be available in mid 2009, l intend to keep the issue of taking in charge under review.

The question of taking in charge should not arise in relation to a social housing estate, as the housing authority is responsible for the estate from the outset. I am not aware of any problems in relation to public lighting in social housing estates; any such issues should be taken up directly with the housing authority concerned.