Written Answers. - Parliamentary Debates - Houses of the Oireachtas

Written Answers. - Parliamentary Debates - Houses of the Oireachtas Written Answers. - Parliamentary Debates - Houses of the Oireachtas

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[Deputy Phil Hogan.] Questions— 14 February 2012. Written Answers • Category two, where a receiver has been appointed; • Category three, where a receiver has not been appointed and the developer is still in place but effectively inactive; and • Category four, where the development has been effectively abandoned and is posing serious problems for residents. Other relevant factors for the purposes of the categorisation process include, inter alia: • the state of completion of roads, footpaths, public lighting facilities, piped water and sewerage facilities and open spaces or similar amenities within the development; • the extent to which the development complies with the terms of applicable planning permission; • the extent to which it complies with the provisions of the Building Control Acts 1990 and 2007; • the provisions of the Local Government (Sanitary Services) Act 1964 as they pertain to dangerous places and dangerous structures within the meaning of the Act; • the extent to which facilities within the development have been taken in charge by the local authority concerned; and • where there is an agreement regarding the maintenance of such facilities, the extent to which this agreement has been complied with. In some cases a local authority may have found that conditions in respect of a certain phase of a development were relatively good and that, for example, no serious public safety issues could be identified. This phase of the development may have been categorised under category 1 or 2. Conversely, safety issues may have been identified in another phase of the same overall development, or development in that second phase may have been abandoned altogether, implying a category 3 or 4 identification for that phase. This categorisation formed the basis for the list of those unfinished developments eligible for a waiver on the annual household charge. Only households in developments in categories three and four are eligible for the waiver from payment of the household charge. The list of developments in which households are eligible for the waiver in 2012 is set out under the Local Government (Household Charge) Regulations 2012 and forms the complete list of such developments for this year. A revised list of estates will be prescribed for 2013 after which time the waiver for unfinished housing developments will end. Throughout this period it is anticipated that the numbers of categories 3 and 4 developments will decrease as my Department continues to work with local authorities and other stakeholders to resolve outstanding issues, including through the Public Safety Initiative. Planning Issues 441. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the discretion Eirgrid has at its disposal to move a line carrying a pole a short distance if the relocation would benefit local residents and have no detrimental effect on any other local resident and if An Bord Pleanála were to sanction the permission, or if this discretion for relocation is curtailed. [7974/12] 532

Questions— 14 February 2012. Written Answers Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): I have no function in relation to the matter raised. Under section 30 of the Planning and Development Acts 2000-2010, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. Waste Management 442. Deputy Patrick Nulty asked the Minister for the Environment, Community and Local Government the regulations under which the Greyhound waste group operates its services in the Dublin region; and if he will make a statement on the matter. [7981/12] Minister for the Environment, Community and Local Government (Deputy Phil Hogan): Waste collection in Ireland is subject to compliance with applicable environmental and other relevant legislation, primarily the Waste Management Act 1996, as amended, and conditions attached to each waste collector’s collection permit issued by the relevant local authority under the Waste Management (Collection Permit) Regulations 2007, as amended. Waste collection in individual local authority areas may also be subject to local bye-laws. These requirements apply regardless of the location of a waste collector’s corporate headquarters. The Programme for Government contains a commitment to introduce competitive tendering for household waste collection, under which service providers would bid to provide waste collection services in a given area, for a given period of time and to a guaranteed level of service. A public consultation designed to inform the policy development process concluded in September 2011. A large number of responses were received from a broad spectrum of interests. As one might expect, a consensus is not apparent and, on almost all of the relevant issues, a considerable breadth of opinion was expressed. All of the responses received, in addition to a summary document, are available on my Department’s website, www.environ.ie. My Department is currently undertaking a regulatory impact analysis to examine the costs, benefits and other impacts of options for change, and to inform how best to regulate the household waste collection market. My overall policy objective is to improve the functioning of waste management in this country. I expect to be in a position to submit final proposals in relation to household waste collection to Government by Easter this year. Planning Issues 443. Deputy Patrick O’Donovan asked the Minister for the Environment, Community and Local Government the action a community association must take in order to request that its estate be taken in charge by a local authority, either through a plebiscite or other means. [8043/12] Minister of State at the Department of the Environment, Community and Local Government (Deputy Jan O’Sullivan): Section 180 of the Planning and Development Act, 2000 applies to estates which have been granted planning permission and include the construction of two or more houses (which as defined in the Act includes apartments) and the provision of new roads, open spaces, car parks, sewers, watermains or drains. In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, section 180 provides that the planning authority must if requested to do so by the developer or by the majority of the qualified electors who are owners of the houses involved, initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible. 533

Questions— 14 February 2012. <strong>Written</strong> <strong>Answers</strong><br />

Minister <strong>of</strong> State at <strong>the</strong> Department <strong>of</strong> <strong>the</strong> Environment, Community and Local Government<br />

(Deputy Jan O’Sullivan): I have no function in relation to <strong>the</strong> matter raised. Under section 30<br />

<strong>of</strong> <strong>the</strong> Planning and Development Acts 2000-2010, I am specifically precluded from exercising<br />

any power or control in relation to any particular case with which a planning authority or An<br />

Bord Pleanála is or may be concerned.<br />

Waste Management<br />

442. Deputy Patrick Nulty asked <strong>the</strong> Minister for <strong>the</strong> Environment, Community and Local<br />

Government <strong>the</strong> regulations under which <strong>the</strong> Greyhound waste group operates its services in<br />

<strong>the</strong> Dublin region; and if he will make a statement on <strong>the</strong> matter. [7981/12]<br />

Minister for <strong>the</strong> Environment, Community and Local Government (Deputy Phil Hogan):<br />

Waste collection in Ireland is subject to compliance with applicable environmental and o<strong>the</strong>r<br />

relevant legislation, primarily <strong>the</strong> Waste Management Act 1996, as amended, and conditions<br />

attached to each waste collector’s collection permit issued by <strong>the</strong> relevant local authority under<br />

<strong>the</strong> Waste Management (Collection Permit) Regulations 2007, as amended. Waste collection<br />

in individual local authority areas may also be subject to local bye-laws. These requirements<br />

apply regardless <strong>of</strong> <strong>the</strong> location <strong>of</strong> a waste collector’s corporate headquarters.<br />

The Programme for Government contains a commitment to introduce competitive tendering<br />

for household waste collection, under which service providers would bid to provide waste collection<br />

services in a given area, for a given period <strong>of</strong> time and to a guaranteed level <strong>of</strong> service.<br />

A public consultation designed to inform <strong>the</strong> policy development process concluded in<br />

September 2011. A large number <strong>of</strong> responses were received from a broad spectrum <strong>of</strong><br />

interests. As one might expect, a consensus is not apparent and, on almost all <strong>of</strong> <strong>the</strong> relevant<br />

issues, a considerable breadth <strong>of</strong> opinion was expressed. All <strong>of</strong> <strong>the</strong> responses received, in<br />

addition to a summary document, are available on my Department’s website, www.environ.ie.<br />

My Department is currently undertaking a regulatory impact analysis to examine <strong>the</strong> costs,<br />

benefits and o<strong>the</strong>r impacts <strong>of</strong> options for change, and to inform how best to regulate <strong>the</strong><br />

household waste collection market. My overall policy objective is to improve <strong>the</strong> functioning<br />

<strong>of</strong> waste management in this country. I expect to be in a position to submit final proposals in<br />

relation to household waste collection to Government by Easter this year.<br />

Planning Issues<br />

443. Deputy Patrick O’Donovan asked <strong>the</strong> Minister for <strong>the</strong> Environment, Community and<br />

Local Government <strong>the</strong> action a community association must take in order to request that its<br />

estate be taken in charge by a local authority, ei<strong>the</strong>r through a plebiscite or o<strong>the</strong>r means.<br />

[8043/12]<br />

Minister <strong>of</strong> State at <strong>the</strong> Department <strong>of</strong> <strong>the</strong> Environment, Community and Local Government<br />

(Deputy Jan O’Sullivan): Section 180 <strong>of</strong> <strong>the</strong> Planning and Development Act, 2000 applies to<br />

estates which have been granted planning permission and include <strong>the</strong> construction <strong>of</strong> two or<br />

more houses (which as defined in <strong>the</strong> Act includes apartments) and <strong>the</strong> provision <strong>of</strong> new roads,<br />

open spaces, car parks, sewers, watermains or drains. In relation to estates which have been<br />

completed to <strong>the</strong> satisfaction <strong>of</strong> <strong>the</strong> planning authority in accordance with <strong>the</strong> permission,<br />

section 180 provides that <strong>the</strong> planning authority must if requested to do so by <strong>the</strong> developer<br />

or by <strong>the</strong> majority <strong>of</strong> <strong>the</strong> qualified electors who are owners <strong>of</strong> <strong>the</strong> houses involved, initiate <strong>the</strong><br />

procedures in section 11 <strong>of</strong> <strong>the</strong> Roads Act 1993 for declaring <strong>the</strong> road(s) to be public roads,<br />

for whose maintenance <strong>the</strong> local authority will <strong>the</strong>n be responsible.<br />

533

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