Written Answers. - Parliamentary Debates - Houses of the Oireachtas

[Deputy Jan O’Sullivan.]
Questions— 14 February 2012. Written Answers
Section 11 of the Roads Act empowers a local authority to, by order, declare any road over
which a public right of way exists to be a public road. Before making an order the local
authority must be satisfied the road is of general public utility, consider the financial implications
of taking the road in charge and consult with the public/consider any objections
received. The consideration of the objections and the making of the order declaring the road
to be a public road is a reserved function, so that the decision whether to take the road in
charge is ultimately one for the discretion of the elected members.
In relation to estates which have not been completed to the satisfaction of the planning
authority and enforcement proceedings have not been commenced within the relevant period
section 180 also provides that the planning authority must, if requested to do so by the majority
of the owners, initiate the procedures in section 11 of the Roads Act. However, in this case the
section provides that the provision in section 11 of the Roads Act requiring the authority to
consider the financial implications of taking the road in charge shall be disregarded. Section
180 also provides that where a planning authority, in complying with section 180, makes an
order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks,
sewers, watermains, or drains within the attendant grounds of the development.
Section 180 was amended in the Planning and Development (Amendment) Act 2010 to
provide that a planning authority may take in charge an unfinished estate, at the request of the
owners of the housing units, at any time after the expiration of the planning permission, in
situations where enforcement actions have commenced or where the planning authority consider
that enforcement action will not result in the satisfactory completion of the estate by the
developer. Planning authorities have also been empowered to take in charge part of an estate
or some, but not all, of the facilities in an estate.
Local Government Reform
444. Deputy Finian McGrath asked the Minister for the Environment, Community and Local
Government if there are plans to abolish town councils (details supplied) under the local
government reform plan. [8050/12]
Minister for the Environment, Community and Local Government (Deputy Phil Hogan): I
refer to the reply to Question No. 144 of 9 February 2012, which sets out the position in
this matter.
EU Directives
445. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local
Government if the ESB will have to pay for the use of water for the purpose of the production
of hydroelectricity based on the reasoned opinion received from the European Commission in
November 2011; the reply sent to the Union regarding same; and if he will make a statement
on the matter. [8121/12]
446. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local
Government if Waterways Ireland will have to pay for the abstraction of water for use in the
Royal Canal, the Grand Canal, the Shannon-Erne Waterway and other man-made waterways
as a result of the reasoned opinion from the European Union in November 2011; the reply sent
by him regarding same to the Union; and if he will make a statement on the matter. [8122/12]
466. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local
Government if he has replied to the reasoned opinion of the EU Commission of 24 November
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