Catherine Murphy (Kildare North, Independent)
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486. To ask the Minister for Environment, Community and Local Government if he has had any contact with the Department of Justice and Equality regarding interpretive difficulties arising from the language used in section 1 of the Multi-Unit Developments Act 2011; in particular the wording used to define the terms "multi-unit development" and "residential unit" which has resulted in difficulties where such estates require taking in charge; and if he will make a statement on the matter. [49590/13]

Catherine Murphy (Kildare North, Independent)
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488. To ask the Minister for Environment, Community and Local Government which local authorities, if any, will not consider the taking in charge of a housing estate where a management company exists and further requires the management company to be removed or dissolved before it considers taking the estate in charge; and if he will make a statement on the matter. [49595/13]

Catherine Murphy (Kildare North, Independent)
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489. To ask the Minister for Environment, Community and Local Government if Departmental Circular PD 1/06 which provides that the existence of a management company to maintain elements of common buildings, carry out landscaping and so on must not impact upon the decision by the planning authority to take in charge roads and related infrastructure where a request to do so is made, has been amended in any substantial way since the circular was issued in 2006; if the definition of a house in the Planning and Development Act 2000 continues to apply to both houses and apartments; and if he will make a statement on the matter. [49607/13]

Jan O'Sullivan (Limerick City, Labour)
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I propose to take Questions Nos. 486, 488 and 489 together.

Departmental Circular PD 1/08 of February 2008 updated the earlier policy guidance issued by my Department and replaced Circulars PD 1/06 and 5/06. Circular PD 1/08 required all planning authorities to develop or update, as appropriate, their policy on taking in charge by the end of June 2008 on the basis of the framework, and wider housing and planning policy guidance, as set out at the annex to the circular. One of the core principles underpinning the framework for taking in charge - which must be reflected in each planning authority policy on this matter - was that where there are core facilities in existing residential developments which were approved by the planning authority on the basis that they would remain private and be maintained by a management company, these must be taken in charge if the majority of residents request it, subject to the requirements of section 180.

This policy guidance was incorporated into the Sustainable Residential Development in Urban Areas Guidelines for Planning Authorities which were issued by my Department in May 2009 under section 28 of the Planning and Development Act 2000.

I am not aware of planning authorities failing to comply with requests to take estates in charge nor am I aware of difficulties of interpretation in this regard.

Section 3 of the Planning and Development Act 2000 defines a house as “a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as 2 or more dwellings or a flat, an apartment or other dwelling within such a building.” This definition has not been amended since its enactment.

Catherine Murphy (Kildare North, Independent)
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487. To ask the Minister for Environment, Community and Local Government if local authorities have statutory immunity in situations where development bonds have been allowed to lapse; if he will specify in what circumstances that immunity applies; in the absence of immunity what sanctions do local authorities have to ensure such development bonds do not lapse; and if he will make a statement on the matter. [49592/13]

Jan O'Sullivan (Limerick City, Labour)
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Planning authorities may attach a condition to a planning permission under section 34(4)(g) of the Planning and Development Act 2000, as amended, for the giving of an adequate security for satisfactory completion of the proposed development.

My Department advised planning authorities of recommended arrangements in relation to the framing of such conditions under Circular PD 1/08. In particular, this circular advised planning authorities against accepting time limited planning securities.

It is a matter for planning authorities to enforce the terms of any such conditions attached to planning permissions, including the obligations on developers to maintain an adequate security over the relevant period of the development until such time as it is satisfactorily completed.