Denis Naughten (Roscommon-South Leitrim, Independent)
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40. To ask the Minister for Environment, Community and Local Government the steps he will take to assist local authorities in having estates taken in charge; and if he will make a statement on the matter. [15553/15]

Paudie Coffey (Waterford, Fine Gael)
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I refer to the reply to Question No. 30 on today’s Order Paper.

My Department has issued detailed guidance to planning authorities in relation to the taking in charge of housing estates and the steps to be followed in this regard. This is primarily contained in circular letter PD 1/08 which was issued to planning authorities on 26 February 2008. This guidance was supplemented and updated by circular letter PL 5/2014 of 5 November 2014 which clarified the procedures to be followed in relation to the taking in charge of water services infrastructure attaching to housing estates further to the establishment of Irish Water.

The following summarises the most relevant provisions of the circular letters referred to:

- In relation to requests for taking in charge estates currently on hand where the planning permission has expired, planning authorities should as soon as possible, if they have not already done so, assess the condition of such estates.

- New requests for the taking in charge of estates must be promptly assessed and then dealt with in accordance with the following:

Estates satisfactorily completed: Where an estate is completed in accordance with the terms and conditions of the planning permission, it should be taken in charge without delay on foot of a request to do so, but not later than 6 months from the date of the request.

Priority list for estates not completed satisfactorily: A priority list should be drawn up of requests from residents for the taking in charge of uncompleted estates, taking into account such factors as the date of application, the condition of the estate and the length of time it has been left unfinished.

- New requests for the taking in charge of unfinished estates should be added to the priority list, as appropriate.

In relation to unfinished estates, circular letter PD1/08 highlighted that all unfinished estates which are the subject of a request to be taken in charge should be kept on the priority list referred to above, including estates where it may be possible to have the estate completed at the expense of the developer, through enforcement action or calling in the development bond, so that these estates remain on the priority list for remedial works by the planning authority in the event that enforcement action or calling in the bond fails. When the estate is brought to a standard which is satisfactory to the planning authority and is in accordance with the permission granted, it should be taken in charge promptly.

Circular letter PD1/08 also highlighted that in accordance with section 180(2) of the Planning and Development Act 2000 as amended, unfinished estates should be taken in charge where the majority of residents so request and that where enforcement action or calling in the bond is not possible, or has been unsuccessful, strategies should be put in place to bring the estate up to an appropriate standard.

As stated, a priority list of all such estates should be maintained by planning authorities and remedial works carried out in accordance with that order of priority. Where Irish Water becomes responsible for water infrastructure in estates that have been taken in charge and Irish Water is of the view that there is a service critical issue which may impact upon public health, it will prioritise such estates for any necessary remediation works.

Further to the establishment of Irish Water, circular letter PL 5/2014 clarified in relation to the taking in charge of water services infrastructure in housing estates that planning authorities should take in charge such infrastructure on foot of establishing that it has been satisfactorily completed, with a view to such infrastructure being ultimately transferred to Irish Water by Ministerial Order under the provisions of section 12 of the Water Services (No. 2) Act 2013.

In addition to the guidance outlined above, Budget 2014 contained a special provision in the form of a targeted €10m Special Resolution Fund (SRF) to assist in addressing the legacy of unfinished housing developments arising from the economic downturn. Following assessment of proposals submitted to my Department by local authorities under the SRF scheme, 86 projects have been approved for funding of €10m under the scheme.

In addition, a collaborative approach has been taken in relation to Irish Banking Resolution Corporation (formerly Anglo Irish Bank) bonds taken out by developers in relation to housing estates. Anglo Irish Bank was one of the financial institutions involved in underwriting bonds for residential developments. This collaborative approach, involving my Department, the Department of Finance, local authorities and the Special Liquidators of IBRC, is aimed at securing the release of IBRC bonds to facilitate the completion of associated unfinished estates. Under this process, local authorities were required to lodge claims in writing with the Special Liquidator by 31 March 2015 setting out the details of the claim and providing supporting documentation. All local authorities concerned submitted their claims to the Special Liquidator by the required deadline. This involved the submission of 217 bond claims totalling approximately €30m. These claims are now being assessed by the Special Liquidator and decisions are expected to be finalised by Q4 2015.