Leo Varadkar (Dublin West, Fine Gael)
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Question 636: To ask the Minister for the Environment, Heritage and Local Government the legislation or guidelines in place for local authorities when calculating the bond that must be lodged by developers until an estate is taken in charge; if he is satisfied with the level or amount being sought by local authorities; his plans to make changes; and if he will make a statement on the matter. [12344/10]

Leo Varadkar (Dublin West, Fine Gael)
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Question 637: To ask the Minister for the Environment, Heritage and Local Government the circumstances a developer of a management company development may redeem bonds paid when developments are not taken in charge by a local authority; the person responsible for ensuring that the development is completed in accordance with plans; and if he will make a statement on the matter. [12345/10]

John Gormley (Dublin South East, Green Party)
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I propose to take Questions Nos. 636 and 637 together.

My Department's Circular Letter PD 1/08 on Taking in Charge of Residential Developments/Management Arrangements states that planning authorities must take all necessary measures, in particular through securing adequate bonds, inspection of construction and enforcement action when necessary, to ensure that developers complete residential developments to a standard that is in compliance with the planning permission granted.

In relation to bonds, the circular states that in the case of residential development, planning conditions must require the giving of sufficient security prior to commencement of development and that planning authorities must ensure that they are in a position to draw down the security in cases where a developer fails satisfactorily to complete a residential development, or phase of a development, within the specified period.

The circular states that the amount of the security, and the terms on which it is required to be given, must enable the planning authority, without cost to itself, to complete the necessary services (including roads, footpaths, water mains, sewers, lighting and open space) to a satisfactory standard in the event of default by the developer and that the security condition must also provide for the recalculation of the amount specified in the condition by reference to the House Building Cost Index (or the Consumer Price Index) if the development to which the permission relates is not commenced within a specified period after the granting of the permission.

The circular also states that where a development is completed in accordance with the planning permission the security should be released without undue delay.

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 can take action where a development requiring planning permission has not obtained this permission, or where permission has not been complied with. Planning authorities have substantial obligations under the Planning and Development Act 2000 in relation to enforcement of planning control.

Insofar as residential developments are concerned, Circular Letter PD 1/08 requests planning authorities to inspect such developments during construction and on completion or expiration of the planning permission with a view to taking appropriate enforcement action where the planning permission is not being complied with.

Circular Letter PD 1/08 is referenced in my Department's Planning Guidelines on Sustainable Residential Development in Urban Areas (Cities, Towns and Villages) of May 2009. These are statutory guidelines issued under section 28 of the Planning and Development Act 2000, and planning authorities are required to have regard to them in exercising their functions under the Act. A copy of the guidelines is available on my Department's website at www.environ.ie.