Brian Stanley (Laois-Offaly, Sinn Fein)
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Question 242: To ask the Minister for the Environment, Community and Local Government the date on which he will introduce legislation to allow local authorities to take housing estates in charge after three years. [14199/11]

Willie Penrose (Longford-Westmeath, Labour)
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Section 180 of the Planning and Development Act 2000 (as amended) 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 owners, initiate the procedures for taking the estate in charge. The decision as whether to take an estate in charge is ultimately one for the elected members of a local authority.

A further provision was added in the Planning and Development (Amendment) Act 2010 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.

I am considering whether further measures are warranted in the context of the specific commitment in the programme for Government.