James Bannon (Longford-Westmeath, Fine Gael)
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Question 870: To ask the Minister for the Environment, Heritage and Local Government his plans to bring forward legislation in relation to stalled developments and unfinished housing estates across the midlands; if he will establish a taskforce with midlands counties in view of the fact that there are problems with many unfinished and ghost estates; and if he will make a statement on the matter. [1137/10]

John Gormley (Dublin South East, Green Party)
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The developer of a residential estate is statutorily required to complete a 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 can take action where a development requiring planning permission has not obtained this permission, or where permission has not been complied with.

The Planning and Development Act 2000 gave new powers to, and imposed new duties on, planning authorities in relation to unauthorised development, providing for a strengthened enforcement regime and substantial penalties. Moreover, the Planning Act contains other relevant provisions in relation to the completion of housing estates, including the facility to attach a condition to a planning permission, requiring the giving of adequate security for the satisfactory completion of a development.

Legislative provisions provided for in the National Asset Management Agency Act 2009 enable planning authorities to extend a planning permission for up to a further five years where substantial works have been carried out pursuant to the permission and the development will be completed within a reasonable time or where commercial, economic or technical considerations militated against commencement of development or substantial works being undertaken. These new provisions will be reflected in the Planning and Development (Amendment) Bill 2009 which will also provide that, in cases where planning authorities are extending planning permissions, they may impose new conditions in relation to bonds being given by the developer.

Accordingly, it is clear that planning authorities have very substantial powers to compel the completion of housing estates by developers in accordance with the terms of the planning permission.