Written answers

Wednesday, 15 July 2015

Department of Environment, Community and Local Government

Planning Issues

Photo of Anne FerrisAnne Ferris (Wicklow, Labour)
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312. To ask the Minister for Environment, Community and Local Government if any guidelines to local authorities are in place regarding the taking in charge of roads and public utility infrastructure on private housing estates; if there is a consistent position nationally on the provision of grass cutting and other landscaping services by local authorities, in connection with the road verges and other green areas associated with roads taken in charge within housing developments; if, in the case of local authorities that implement policies of refusing to assume grass-cutting duties, there is consideration given to such long-term policies at planning approval stage, where ambitious high-maintenance landscaping plans are often approved by planning authorities; and if he will make a statement on the matter. [29431/15]

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael)
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The taking in charge of residential estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended. Section 180(1) provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, that the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible.

Section 180 also provides that where a planning authority, in complying with section 180, makes an order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development.

My Department issued updated policy guidance to planning authorities on 26 February 2008 on Taking in Charge of Residential Developments/Management Arrangements. This required each planning authority to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, based on the following principles (among others):

- Certain core facilities/infrastructure to be taken in charge on request - public roads and footpaths, unallocated surface parking areas, public lighting, public water supply, foul and storm water drainage and public open spaces;

- The procedures for taking in charge to begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including time frames, must be set out by planning authorities to respond to requests for taking in charge.

Each planning authority’s policy on taking in charge is to be made available to the public and published on its website; it should continue to be reported on to the elected members on a regular basis, and at least once annually.

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