1760. Deputy Fionntán Ó Súilleabháin asked the Minister for Housing, Local Government and Heritage the number of residential estates in Wicklow and Wexford where residents have applied to be taken in charge, but have not yet been approved; if he will provide a breakdown, for Wicklow and Wexford and list the timeframe residents have been waiting; and if he will make a statement on the matter. [57800/26]

Under Section 30 of the Planning and Development Act 2000, in my role as Minister with responsibility for planning, I am precluded from exercising any power or control in relation to any particular case with which a planning authority or An Coimisiún Pleanála is or may be concerned with.

The legislative process for the taking in charge of housing estates by local authorities is set out in section 180 of the Planning and Development Act 2000. The prescribed process in this regard applies to residential developments consisting of two or more dwellings that have been granted planning permission under section 34 of the Act.

There is no automatic requirement for local authorities to take charge of unfinished housing estates after a certain period of time. Under section 180 (1) of the Act of 2000, the planning authority is obliged to initiate the taking in charge process where requested by either the developer of, or by the majority of owners of the dwellings in, the estate in question. However, this is subject to the development being completed to the satisfaction of the authority and in accordance with the permission and any conditions attached thereto.

Where developments have not been completed to the satisfaction of the planning authority, and where enforcement proceedings in this connection have not been commenced by the planning authority within 4 years of the expiry of the planning permission relating to a development, section 180 (2)(a) of the Act provides that the planning authority shall, where requested by the majority of owners of the houses involved, initiate the taking in charge procedures under section 11 of the Roads Act 1993, as amended (the Roads Act).

Where this particular approach is being progressed, the authority may apply the security or development bond provided as part of the planning application for the purposes of ensuring the satisfactory completion of the development.

Where the calling in of the development bond is not possible or sufficient, section 180(2A) of the Act provides that the initiation of the taking in charge procedures under section 11 of the Roads Act shall not preclude the planning authority concerned from pursuing a developer for any costs incurred by the authority in respect of necessary works undertaken on a development to enable it to be taken in charge by that authority.

In order to conclude the taking in charge process where the development has been deemed to have been satisfactorily completed, a local authority is required to make a declaration under section 11 of the Roads Act following a proposal by the executive. The making of such a declaration, which effectively confirms that the authority is prepared to take over responsibility for the ongoing maintenance of the public works elements of the estate, is a reserved function of the elected members of a local authority.

Therefore, the decision to take any particular estate or estates in charge is ultimately one for the elected members of the local authority who, by way of declaration made under the Roads Act, will make such a decision.

The Department does not hold any records regarding details of estates taken in charge or not as the case may be. However, this data should be available directly from the local authority concerned.