Written answers

Tuesday, 25 January 2022

Department of Housing, Planning, and Local Government

Local Authorities

Photo of Aindrias MoynihanAindrias Moynihan (Cork North West, Fianna Fail)
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143. To ask the Minister for Housing, Planning, and Local Government the number of estates which have progressed to being taken in charge for 2020 and 2021 in Cork county and city; the number of applications still to be progressed in Cork county and city; and if he will make a statement on the matter. [3348/22]

Photo of Peter BurkePeter Burke (Longford-Westmeath, 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 and procedures for this are initiated under section 11 of the Roads Act, 1993. The taking in charge of residential estates is a reserved function of the elected members.

The intention of the legislation is that once a residential estate is complete, the planning authority can be requested to take over the roads and footpaths, public lighting and open spaces. However, where work has not been completed to satisfactory standards, there can be a delay in this process as enforcement proceedings including invocation of bonds are progressed.

Subsection 2 of Section 180 requires the planning authority, where requested by the majority of the owners of the dwellings involved, to take in charge a residential estate even if it has not been completed to the satisfaction of the authority, if four years have elapsed since the expiry of the planning permission and no enforcement action has been initiated.

Ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities, following the procedures laid out in section 180 of the Planning and Development Act 2000, as amended.

My Department does not collect the information sought and it is advised that the Deputy contact Cork City Council and Cork County Council in relation to this matter.

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