Written answers

Tuesday, 12 July 2016

Department of Environment, Community and Local Government

Local Authority Services

Photo of Niamh SmythNiamh Smyth (Cavan-Monaghan, Fianna Fail)
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307. To ask the Minister for Environment, Community and Local Government the way in which a residents' group in a private housing estate goes about getting its estate taken in charge by the local authority; how long the process takes; if there is a limit on the amount of estates taken in charge yearly; and if he will make a statement on the matter. [20652/16]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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Section 180 of the Planning and Development Act 2000, as amended, provides that, as soon as possible following a request by the developer or by the majority of the houseowners, a planning authority must initiate procedures to take in charge a residential housing estate completed to its satisfaction in accordance with the planning permission. Section 180 also provides that, following a request by the majority of the houseowners, a planning authority must initiate procedures to take an unfinished estate in charge where the authority has not commenced enforcement proceedings in respect of the estate within seven years of the expiry of the planning permission concerned. In the case of an unfinished estate where the planning authority has commenced enforcement proceedings within seven years of the expiry of the planning permission or considers that enforcement proceedings will not result in the satisfactory completion of the estate, section 180 provides that, following a request by the majority of the houseowners, the authority may, at its absolute discretion, initiate procedures to take in charge the roads and some or all of the other services in the estate. A planning authority may, for the purposes of section 180, hold a plebiscite to ascertain the wishes of the houseowners.

In view of the varying circumstances of each estate concerned, there is no statutory timeframe for completing the taking in charge process in individual cases. However, my Department has recently launched a National Taking in Charge Initiative to accelerate the taking in charge of estates by planning authorities.

There is no limit on the number of estates taken in charge annually by planning authorities, which is entirely a matter for each planning authority, having regard to local demands and resources.

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