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

My Department does not collate data on the taking in charge of housing estates by local authorities. All planning authorities are required to have a policy on taking in charge within their respective functional areas in accordance with Planning Circular PD 1/08 which was issued on 26 February 2008. The information requested should be sought from the relevant planning authorities.

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, as amended. The taking in charge of residential estates is also a reserved function of the elected members. It is generally a standard condition of granting permission for housing scheme development that the developer must lodge a security bond to ensure the satisfactory completion of the development to enable it to be taken in charge by the local authority.

Therefore, the progression of individual developments through the taking-in-charge process should, in the first instance, be a matter for the relevant housing developer, the relevant local authority and elected members to consider on a case-by-case basis. In some cases, such as where a local plebiscite may be held, there is a role for local residents.

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.