Martin Browne (Tipperary, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

352. To ask the Minister for Housing, Planning, and Local Government if he will provide funding to local authorities to enable them to contribute to the non-water infrastructure of housing estates that are yet to be taken in charge; his views on whether local authorities should be able to partially take charge of housing estates that have developer-provided infrastructure in order to cater for their non-water related infrastructure; and if he will make a statement on the matter. [11258/22]

Peter Burke (Longford-Westmeath, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Financial decision making and the accountability of local authorities is a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget. Section 103 of the Local Government Act, 2001, as amended, provides for the local authority budgetary process. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources. This includes the taking in charge of housing estates.

The taking in charge of housing estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended (the Act), and the procedures for this are initiated under section 11 of the Roads Act, 1993. In addition to financial decision making, the taking in charge of residential estates is also a reserved function of the elected members.

The intention of the relevant provisions in the Act is that once a residential estate is completed, 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 against concerned developers, including invocation of bonds, are progressed.

Subsection 2 of section 180 requires a 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 set out in section 180 of the Act.

Under Section 30 of the Act, I, in my role as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

Martin Browne (Tipperary, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

353. To ask the Minister for Housing, Planning, and Local Government if he will consider increasing the funding that is available to local authorities to take in charge developer provided water services infrastructure estates; and if he will make a statement on the matter. [11259/22]

Martin Browne (Tipperary, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

354. To ask the Minister for Housing, Planning, and Local Government the number of housing estates with developer provided water infrastructure taken in charge by each local authority since 2015, by year. [11260/22]

Darragh O'Brien (Dublin Fingal, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 353 and 354 together.

Funding of €68.5 million under the National Development Plan has been allocated for the period 2021-2025 for water legacy issues in relation to lead pipe remediation and the Developer Provided Water Services Infrastructure Resolution Programme.

In September 2020, I announced the first tranche of funding under my Department's multi-annual Developer Provided Water Services Infrastructure Resolution Programme. Just over €3.36 million was made available for 26 estates across 10 counties with almost 950 households to benefit. 

The Expert Panel is currently considering further bid submissions from local authorities and this, subject to my approval, will lead to a further wave of funding allocations in Q2, 2022. These projects, together with a major study being undertaken by Irish Water, will inform future policy and funding needs on resolving sub-standard developer provided water services infrastructure in the areas involved.

My Department monitors progress of the Developer Provided Water Services Infrastructure Resolution Programme based on the expenditure of each local authority. Under Section 180 of the Planning and Development Act 2000 (as amended), it is a matter for the relevant Planning Authority to take housing developments in charge.  My Department does not hold data on a year to year basis regarding developments that have be taken in charge and such data is a matter for the relevant local authority.