Martin Heydon (Kildare South, Fine Gael)
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592. To ask the Minister for Environment, Community and Local Government if he will provide an update on the protocols that are being developed and procedures to be followed in the taking in charge of housing estates by local authorities and the subsequent transfer of waste services infrastructure to Irish Water; when such protocols are expected to be published; and if he will make a statement on the matter. [37170/14]

Alan Kelly (Tipperary North, Labour)
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Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development.

The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be taken in charge by local authorities and be subsequently transferred by Ministerial Order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities.

In Circular Letter PL 21/13 issued by my Department to planning authorities on 30 December 2013 in the light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to further clarify the existing provisions on the taking in charge of housing estates would be made in 2014.

My Department, in consultation with Irish Water and the local authorities, is also currently developing a guidance circular for issue to local authorities to provide clarification in relation to water services infrastructure issues and the taking in charge of housing estates arising from the establishment of Irish Water. It is intended that this advice will be issued to local authorities in the near future.