Written answers

Tuesday, 19 June 2012

Department of Environment, Community and Local Government

Planning Issues

8:00 pm

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 445: To ask the Minister for the Environment, Community and Local Government the action being taken to ensure that property developers are held responsible for finishing unfinished estates; and if he will make a statement on the matter. [29250/12]

Photo of Terence FlanaganTerence Flanagan (Dublin North East, Fine Gael)
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Question 446: To ask the Minister for the Environment, Community and Local Government the action being taken to ensure that property developers are held responsible for maintaining and finishing estates before being granted new planning permissions to begin building other developments; and if he will make a statement on the matter. [29251/12]

Photo of Jan O'SullivanJan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 445 and 446 together.

Section 34 (4)(g) of the Planning and Development Acts allows a local authority to impose a condition on a planning permission requiring the giving of adequate security for the satisfactory completion of a development. The legislation does not specify the type of security required.

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

Section 35 of the Planning and Development Acts allows a local authority to refuse planning permission to an individual where a previous permission has not been complied with.

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