Paul Gogarty (Dublin Mid West, Green Party)
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Question 1498: To ask the Minister for the Environment, Heritage and Local Government if it is possible under legislation for residents living in an estate under the management of a company to collectively hand over the management of their estate or area to the local authority after ten years; if he will outline the conditions and specify the legislation that facilitates same; and if he will make a statement on the matter. [33131/10]

John Gormley (Dublin South East, Green Party)
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Section 180 of the Planning and Development Act 2000 applies to estates which have been granted planning permission and which include the construction of 2 or more houses and the provision of new roads, open spaces, car parks, sewers, water mains or drains.

In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, section 180 provides that the planning authority must, if requested to do so by the developer or by the majority of the qualified electors who are owners or occupiers of the houses involved, initiate the procedures in for taking the estate in charge.

In relation to estates which have not have been completed to the satisfaction of the planning authority and enforcement proceedings have not been commenced within the relevant period, section 180 also provides that the planning authority must, if requested to do so by the majority of the residents, as defined above, (but not the developer) initiate the taking in charge procedures.

When taking an estate in charge under section 180 a planning authority must take in charge public roads, open spaces, car parks, sewers, water mains, or drains within the attendant grounds of the development. The decision as whether to take an estate is taken in charge is ultimately one for the elected members of a local authority.

The 2010 Planning and Development (Amendment) Act replaced the reference to "owners or occupiers" with a reference solely to "owners", in response to a Law Reform Commission recommendation in relation to multi-unit developments, that only the owners of the property should have the say in relation to whether the development will be taken in charge. This provision will be commenced shortly.