James Bannon (Longford-Westmeath, Fine Gael)
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Question 372: To ask the Minister for the Environment, Heritage and Local Government the legislation pending regarding unfinished estates; and if he will make a statement on the matter. [34889/10]

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Section 59 of the Planning and Development (Amendment) Act 2010, which amends section 180 of the Principal Act, includes a number of provisions related to unfinished estates. The reference to "owners or occupiers" is replaced with a reference to "owners". The effect of this is to provide that the planning authority must respond to a request for the taking-in-charge of an estate received from a majority of the owners of the units in the estate. This amendment implements a recommendation of the Law Reform Commission in relation to Multi-Unit Developments that it should be the owners of the property who have the right to determine whether an estate is taken in charge or not.

In addition, in relation to estates which have not been completed to the satisfaction of the planning authority, section 180 currently provides that, where enforcement proceedings have not been commenced within the period of 7 years from the expiration of the planning permission, the planning authority must, if requested to do so by the majority of the owners or occupiers, initiate the procedures for taking-in-charge of the estate. The Planning and Development (Amendment) Act 2010 introduces a new provision to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority consider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate, or some but not all of the facilities in an estate.

It is intended that section 59 of the Planning and Development (Amendment) Act 2010 will be commenced shortly.