Joe McHugh (Donegal North East, Fine Gael)
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Question 250: To ask the Minister for the Environment, Heritage and Local Government if he will publish periodical lists of unfinished private housing developments; his views on the fact that many estates here have been left unfinished by developers; and if he will make a statement on the matter. [43526/09]

John Gormley (Dublin South East, Green Party)
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The recently published Fifth Annual Report on Service Indicators in Local Authorities 2008 includes a new indicator in relation to the taking in charge of estates. The indicator includes information on the number of residential estates for which the planning permission has expired, in respect of which formal written requests for taking in charge were on hands at the beginning of the year in question; the number of estates that were taken in charge in the year in question; and the number of estates in respect of which enforcement action was taken.

The 2008 Report, published by the Local Government Management Services Board and available to download at www.lgmsb.ieidentifies that there were 1,062 requests on hand for taking in charge of estates at the start of 2008. Of this number, 364 estates were not completed to the satisfaction of the planning authority in line with the planning permission. In the case of 73 estates, the bond was called in and in the case of 21 estates, works were undertaken by the authority to bring the estate to taking in charge standard. In total, 316 estates were taken in charge in 2008.

The developer of a residential estate is statutorily required to complete this development in accordance with the terms of the planning permission. A development which has not been completed in accordance with the planning permission is unauthorised development. Enforcement of planning control is a matter for the planning authority, which has substantial enforcement powers under the Planning Act.

Section 180 of the Planning Act provides that where estates have not been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period, the planning authority must, if requested to do so by the majority of the residents of the estate, initiate the procedures for taking the estate in charge. The decision as to whether to take the estate in charge is ultimately one for the discretion of the elected members.