This article is from page 17 of the 2012-01-24 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 17 JPG
UNFINISHED housing estates existing in limbo somewhere between a bust or absentee developer and a cashstrapped county council are causing many problems for residents.
Clare County Councillor Michael Hillery (FF) raised the plight of such homeowners at the January adjourned meeting of the council.
There may be light at the end of the tunnel for these people, however, as they can apply to the council to take over the estate, if the majority of the homeowners are in agreement.
Cllr Hillery explained that many Clare people are living in estates where the developer is broke or, in some cases, has left the estate unfin- ished. As a result, these estates have not been taken over by the council.
During the council meeting, he asked if Clare County Council was legally obliged to take charge of estates when requested to do so by a majority of owners under Section 180 of the Planning Act 2000 and Section 2 of the Roads Act 1993.
It emerged that, in many cases, the council are obliged to get involved. Even in cases where the developer is now in NAMA, the residents can still apply to the council. The council, in turn, can then take over the estate, recouping the cost from NAMA.
In cases where the builder has just not completed the estate, the majority of the residents can apply to the council to have the estate taken over, and the council can then move against that developer.
The head of the Planning, Land Use and Transportation Department, Nora Kaye, explained that the council was obliged to take over housing estates under three circumstances.
“Where a development has been completed to the satisfaction of the Planning Authority, the authority must, where requested, as soon as may be, initiate the procedures under section 11 of the Roads Act 1993,” the director of services explained.
When a development has not been completed to the satisfaction of the Planning Authority, and enforcement proceedings have not been commenced within seven years of the expiration of the permission, the Planning Authority must, where requested by the majority of owners of the houses involved, also begin proceedings to take over the estate.
In this instance, the council may apply any security given for the satisfactory completion of the development in question.
Where a development has not been completed to the satisfaction of the council and either enforcement proceedings have been commenced or the Planning Authority considers that enforcement proceedings would achieve nothing, it is at the discretion of the Planning Authority to take the development in charge where requested by the majority of the owners of the houses in question. Again, in this instance, the Planning Authority may apply any security given for the satisfactory completion of the development in question.
Ms Kaye reminded the councillors, however, that each application has to be considered individually. She said there were also issues in relation to resources.
“Until the estate is complete and taken in charge, it is the developer’s responsibility. Many developers are not in business and it is very complicated dealing with the banks and dealing with NAMA,” she added.
Cllr Cathal Crowe (FF) said that Clare has one of the biggest housing estates in the country in its jurisdiction. “One of the biggest challenges for this council is the Westbury Estate, which has 1,000 houses with one entrance, and it still has not been taken over,” he said. “Many of these houses were built over 20 years ago.”