Martin Browne (Tipperary, Sinn Fein)
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83. To ask the Minister for Housing, Planning, and Local Government further to Parliamentary Question No. 352 of 1 March 2022, if a local authority can refuse to take over responsibility for the roads and footpaths, public lighting and open spaces following a request to do so by the majority of dwellings owners at least four years since the expiry of planning permission; if so, the situations in which such a refusal can be made; and if he will make a statement on the matter. [13289/22]

Peter Burke (Longford-Westmeath, Fine Gael)
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As outlined in my answer to Parliamentary Question No. 352 of 1 March 2022, the taking in charge of housing estates by local authorities is ultimately a matter for the elected members of a local authority who have direct responsibility in law for all reserved functions of the authority.  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 with the declaration of a public road under section 11 of the Roads Act, 1993. 

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 may be a delay in the taking in charge process. In addition matters such as enforcement proceedings against concerned developers or the invocation of bonds may cause further delays.

The question is asking for an interpretation of the law, which is a matter for the Courts. 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, including the taking in charge of housing estates.