Written answers
Tuesday, 17 November 2009
Department of Environment, Heritage and Local Government
Planning Issues
10:00 pm
Paul Gogarty (Dublin Mid West, Green Party)
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Question 403: To ask the Minister for the Environment, Heritage and Local Government the position regarding the taking in charge of estates by local authorities; if the local authority will take the road in charge automatically; if other actions need to be taken; and if he will make a statement on the matter. [41796/09]
John Gormley (Dublin South East, Green Party)
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Section 180 of the Planning and Development Act 2000 provides that, where an estate is completed to the standard outlined in 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. Similarly, 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 the appropriate period, the planning authority must also initiate taking in charge procedures if requested to do so by the owners or occupiers. Taking the road in charge under the Roads Act is normally the first step in taking an estate in charge.
It is the responsibility of a developer to finish an estate properly in accordance with the conditions attached to the planning permission and it is reasonable that the planning authority should take every step to compel the proper completion of the estate by developer, through appropriate enforcement action.
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