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Minister for the Environment, Heritage
and Local Government (Mr. Roche): .
There are a number of provisions in the
Planning and Development Act 2000 relating to the finishing of estates
and the taking in charge of estates. Section 34(4)(g) allows a planning
authority to attach a condition to a planning permission requiring the
giving of adequate security for the satisfactory completion of the
development. Planning authorities have been advised by my Department in
the past, and again in Circular Letter PD 1/06 of January 2006, that
their policy in this area should include the provision of an acceptable
level of security by the developer, which will not be released until the
estate is completed to the specified standards.
Under section 180 of the Planning Act, planning authorities are obliged
to begin the procedures to take in charge the public services of housing
estates once these are completed in accordance with the terms of the
planning permission, where they are requested to do so by the developer
or a majority of the residents of the housing development. In the case
of housing estates which are not completed in accordance with the terms
of the permission and where the planning authority has not taken
enforcement action within the appropriate period, planning authorities
are also obliged to begin the procedures to take the public services in
charge where they are requested to do so by a majority of the residents.
In the case of developments which are not completed satisfactorily
completed, planning authorities apply the security provided by the
developer to that satisfactory completion. It is not proposed to amend
section 180 of the Planning and Development Act 2000.
Local authorities may apply their own resources to the taking in charge
of estates. Since the introduction of the Local Government Fund in the
Local Government Act 1998 local authorities now have a ring fenced,
buoyant source of central government funding. The amount available from
the Fund rose from some €797m in 1999 to €1.3bn in 2005: this now
represents about 30% of their current funding needs. General purpose
grants from the Fund this year amount to €874.7m, an increase of 7% over
the amount provided last year and have more than doubled since the Fund
was introduced in 1999. This increased funding together with income
raised locally through commercial rates and charges for goods and
services has enabled local authorities to widen and improve the services
they provide to business and communities. I am satisfied that these
elements will enable local authorities to continue to provide services
to a reasonable level.
Management companies traditionally operated for apartment developments,
as it is necessary to have arrangements in place for the upkeep and
maintenance of the buildings and shared private areas of such
developments. A Law Reform Commission Working Group is currently
examining a range of legal issues in relation to the management of
multi-unit structures and the Government will consider the
recommendations in its final report, including the need for any new
legislation in this area.
In late 2005 I requested that a survey be carried out of planning
authorities regarding their policy on attaching planning conditions
relating to management companies in housing developments. The responses
to that survey indicate that the majority of planning authorities do not
attach conditions to planning permissions requiring management companies
to be set up in the case of housing estates. A number do in very
specific circumstances, for example, where there is a shared waste water
treatment plant between a number of houses.
On 26 January 2006 my Department issued Circular Letter PD 1/06,
referred to above, reminding planning authorities of their
responsibilities in relation to the taking in charge of estates and
asking that each authority adopt a policy in this regard. This circular
clearly stated that the existence of a management company to maintain
elements of common buildings, carry out landscaping, etc. must not
impact upon the decision by the authority to take in charge roads and
related infrastructure where a request to do so is made. This circular
also requested a report from each authority on the issues of estates to
be taken in charge. The vast majority of returns have now been received
and these indicate that virtually all planning authorities either have a
policy in place for talking estates in charge or are in the course of
developing one. The returns also indicate that about 550 estates will be
taken in charge in 2006, affecting almost 26,000 houses.
I am considering whether any further advice should issue to planning
authorities regarding planning conditions and management companies. My
Department does not collect figures on the numbers of households paying
management charges.
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