Written answers

Thursday, 23 July 2020

Department of Housing, Planning, and Local Government

Housing Estates

Photo of Denis NaughtenDenis Naughten (Roscommon-Galway, Independent)
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61. To ask the Minister for Housing, Planning, and Local Government if the taking in charge of housing estates process will be reviewed; and if he will make a statement on the matter. [17119/20]

Photo of Darragh O'BrienDarragh O'Brien (Dublin Fingal, Fianna Fail)
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The most recent amendments to the taking in charge provisions of the planning code were made in section 37 of the Planning and Development (Amendment) Act 2018 with a view to further strengthening and streamlining the taking-in-charge process.

Residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Planning and Development Act 2000, as amended (the Act) may be eligible (depending on the grant of planning condition) for taking in charge. The taking in charge of residential estates by local authorities is provided for under section 180 of the Act, as amended by the 2018 Act, and is a reserved function of the elected members.

Under Section 180 (1) of the Act, the planning authority is obliged to initiate taking in charge procedures where requested by either the developer or by the majority of owners of the dwellings in question. However, this is subject to the development being completed to the satisfaction of the planning authority and in accordance with the permission and any conditions attached to the permission.

I have no plans to conduct a further review of the taking-in-charge provisions of the Act at this point in time.

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