Jack Wall (Kildare South, Labour)
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Question 344: To ask the Minister for the Environment, Heritage and Local Government the conditions which need to be satisfied, under legislation, for a local authority to take an estate in charge; if there is legislation that allows the residents of the estate to expedite the process or help the process in any way; and if he will make a statement on the matter. [19586/09]

Jack Wall (Kildare South, Labour)
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Question 345: To ask the Minister for the Environment, Heritage and Local Government the conditions and circumstances which prevail under legislation to allow a local authority to use a bond secured from a developer to finish an estate; and if he will make a statement on the matter. [19587/09]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 344 and 345 together.

Section 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the satisfaction of the planning authority in accordance with the relevant 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 registered as local government electors. Where an estate has not been completed to the standard outlined in the planning permission and the planning authority has not taken enforcement action within 7 years of the expiration of the duration of the planning permission, the planning authority must also initiate taking in charge procedures if requested to do so by the majority of qualified electors who own or occupy the houses in question.

Section 34(4)(g) of the Planning and Development Act, 2000 provides that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development. If a development is not subsequently completed satisfactorily, section 180(2)(b) of the Act empowers the authority to apply any security given under section 34 for the satisfactory completion of that development.