Parties debate Bill to allow residents to sue developers

Legislation to allow local authorities to refuse planning permission to developers who do not properly finish housing estates…

Legislation to allow local authorities to refuse planning permission to developers who do not properly finish housing estates was introduced by the Labour Party in the Dáil last night.

The Bill also allows residents to sue developers where their estates are left in an unsatisfactory situation.

"Unfinished estates are the scourge of suburban Ireland," Labour's environment spokesman Eamon Gilmore said, introducing the Planning and Development (Amendment) Bill in private member's time.

The debate finished early, however, as there were not enough speakers to fill the allocated time.

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"Builders are often leaving new homes surrounded by rubble, litter and the remains of their work," Mr Gilmore said, "and in many cases, they are not completing essential aspects of the estate such as the footpaths or the play areas for children."

Minister for the Environment Dick Roche said the 2000 Planning and Development Act was intended to deal with such problem housing estates.

Enhanced supports were being given to local authorities to assist them and he was "certainly sympathetic and willing to look at any suggestion" that would make a difference.

Currently, if a developer has a track record for unfinished housing estates, the onus is on the local authority to go to the High Court for authorisation to refuse planning permission.

Under the proposed Bill, the local authority would serve a notice of its decision to refuse permission, which would take effect in 21 days, unless the developer appealed the decision.

"We also want residents who live in or move into unfinished estates to have recourse to the law to seek damages where their estate is left in an unsatisfactory situation," Mr Gilmore said.

"In this way, Labour will empower local authorities to deal with developers with a track record of non-completion and empower communities and residents so affected to seek recourse through the courts."

In the commuter belt around Dublin and other large cities, there were numerous housing estates left unfinished, Mr Gilmore said. In many cases, in their rush to move on to their next building project, builders and developers are failing to complete the estates by leaving roads, footpaths, walls, fencing and landscaping unfinished.

The debate resumes tonight.

Marie O'Halloran

Marie O'Halloran

Marie O'Halloran is Parliamentary Correspondent of The Irish Times