671. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the mechanisms in place to ensure that there are sufficient community and green spaces in place as part of the wider community in conjunction with the construction of new housing developments; and if he will make a statement on the matter. [64417/26]

672. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the position regarding the mechanisms in place to ensure that any green or community spaces in new housing developments are available as soon as tenants move in and there is no crossover delay before it is available for use; and if he will make a statement on the matter. [64415/26]

674. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the position regarding the mechanisms in place to ensure that any green or community spaces in new housing developments are maintained and kept clean to ensure continued community use; and if he will make a statemen on the matter. [64413/26]

675. Deputy Barry Ward asked the Minister for Housing, Local Government and Heritage the position regarding the mechanisms in place to ensure that any green or community spaces in new housing developments are usable and accessible to all residents; and if he will make a statemen on the matter. [64412/26]

I propose to take Questions Nos. 671, 672, 674 and 675 together.

The local authority development plan is the principal planning policy tool for planning authorities to set out their objectives in relation to the planning and sustainable development of their functional area.

Part 3, Chapter 5 ‘Development Plans’ of the Planning and Development Act 2024 commenced on 31 December 2025. When preparing a new development plan under the Act of 2024, planning authorities are required to prepare a strategy relating to creation, improvement and preservation of sustainable places and communities. This includes objectives for ‘the provision, or the facilitation of the provision, improvement, extension and preservation of amenities, facilities and services to meet the social, community, recreational and cultural requirements of the functional area’. The plan-making process is subject to independent oversight by the Office of the Planning Regulator in the performance of its statutory plans evaluation and assessment function.

In 2022, the Minister for Housing, Local Government and Heritage issued the Development Plans Guidelines for Planning Authorities as Ministerial Guidelines under Section 28 of the Planning and Development Act 2000 (as amended). These guidelines require that when making zoning decisions, consideration must be given to the future availability of community and amenity services including social, recreational and cultural spaces. Section 7.3 of these Guidelines states that every Development Plan should include an objective for a ‘Community, Social and Cultural Infrastructure Audit’ for areas that are likely to experience significant new development and should have a clear evidence-based rationale for future requirements “in order to maximise the social return and community benefit generated by public investment by state agencies and others.”

The Sustainable Residential Development and Compact Settlements Guidelines (2024), also issued as Ministerial Guidelines in January 2024, state that planning authorities should plan for an integrated network of open spaces that meet the needs of the planned population. Policy Objective 5.1 of these Guidelines states that statutory development plans include an objective(s) relating to the provision of public open space in new residential developments (and in mixed-use developments that include a residential element). The requirement in the development plan shall be for public open space provision of not less than a minimum of 10% of net site area and not more than a minimum of 15% of net site area save in exceptional circumstances. These Guidelines state that public open spaces should be designed to cater for a range of active and passive recreational needs (including play, physical activity, active travel, cultural uses and community gardens and allotments, as appropriate to the context).

Under the provisions of Section 28 of Act of 2000 Planning Authorities are required to have regard to Ministerial Guidelines in performing their functions and to apply any Specific Planning Policy Requirements contained within the Guidelines. Whilst Section 28 of the Act of 2000 has been repealed, all current Ministerial Guidelines continue to have effect under Section 27 of the Act of 2024 until such time as they are replaced by a National Planning Statement.

Facilities may also be funded by development contributions schemes made by elected members under section 48 of the Act of 2000, and conditions attached to permissions requiring contributions to be made towards such schemes, may also include open spaces, and recreational and community facilities. In accordance with section 63(3) of the Local Government Act 2001, local authorities are independent in the performance of their functions.

Pursuant to Section 48 of the 2000 Act, a planning authority or An Coimisiún Pleanála may attach a condition to a grant of planning permission requiring the payment of a contribution in respect of public infrastructure and facilities that it is intended will be provided, by or on behalf of a local authority. This may include for open spaces, and recreational and community facilities or other forms of public infrastructure. The basis for such contributions is set out in a development contribution scheme as adopted by the elected members.

Pursuant to Section 34 of the Act of 2000, a planning authority or An Coimisiún Pleanála may attach conditions to a permission relating to the phasing of a development. Such conditions may stipulate that housing and community infrastructure be provided in tandem and sequenced over time, with specified elements of community infrastructure required as quantities of housing are delivered.

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 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 open spaces are transferred to a local authority through the "taking in charge" process under planning legislation, the authority assumes responsibility for their future maintenance.