Róisín Shortall (Dublin North West, Social Democrats)
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604. To ask the Minister for Housing, Planning, and Local Government the public body responsible for road safety in private housing estates that the local council has not taken in charge, such as in a situation (details supplied); and if he will make a statement on the matter. [26795/18]

Eoghan Murphy (Dublin Bay South, Fine Gael)
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Roads and thoroughfares in private housing estates which have not been taken in charge are not public roads within the meaning of the Roads Act 1993. Notwithstanding this, local authorities have statutory powers in relation to their roads and planning functions which enable the taking in charge of housing estates, once completed, and a valid application for taking in charge has been received from the developer or residents. They also have extensive enforcement powers to ensure that the conditions attaching to planning permissions are complied with.

The taking-in-charge of residential estates is therefore a matter for the relevant local authority and is provided for under section 180 of the Planning and Development Act 2000 (as amended) and procedures for this are initiated under section 11 of the Roads Act 1993. A planning authority, where requested by the developer and/or by the majority of the owners of the houses involved, may take a development in charge, including the provision of roads, open spaces, car parks, and sewers.

My Department, by way of circular letter PD 1/2008, dated 26 February 2008, issued updated policy guidance to planning authorities on Taking in Charge of Residential Developments/ Management Arrangements. A copy of the circular is available on my Department's website at the following link: www.housing.gov.ie/sites/default/files/migrated-files/en/Publications/DevelopmentandHousing/Planning/FileDownLoad%2C16779%2Cen.pdf.

This circular advised each planning authority to develop or update, as appropriate, its policy on taking-in-charge, 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; and

- 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.

Local authorities also perform many important road safety functions, and if residents have concerns in relation to the safety of roads and public thoroughfares in a particular housing development, these should be referred to the designated road safety officer within the relevant local authority for consideration in the context of the enforcement and taking-in-charge functions of that authority.