Tuesday, 8 April 2014

Water rules cripple taking in charge

A glitch in the legislation to establish Irish Water means that housing estates waiting to be taken in charge by local authorities will have to wait much longer, according to a Fianna Fail candidate in the Naas Municipal Area, writes Brian Byrne.

James Lawless says that Kildare County Council and Naas Town Council have both told him they will not be proceeding with any more taking in charge of estates until the problem is sorted. It affects a number of estates in Kilcullen, including Cnoc na Greine and Hillcrest.

What has happened is that the Irish Water legislation makes that new authority responsible for all watercourses, drainage and sewer systems, including those in estates. But the Planning Acts require that when a local authority takes an estate in charge, it includes the water and sewerage infrastructure. However, now there's a 'lock' fixed on those, making it technically impossible for authorities like Kildare County Council to take over estates.

James Lawless has asked Fianna Fáil Environment spokesman Barry Cowen TD to raise this in the Dáil. The local candidate says it is a 'presumably unintended' consequence of legislation that wasn't fully thought through.

According to information provided in late 2012, local estates waiting to be taken in charge by KCC included Curragh Close, Castlemartin Manor, Cnoc Na Greine, Cnoc Na Greine Woods, Riverside Manor, Hill Crest and Lui Na Greine. In addition in Brannockstown the following were awaiting taking in charge — Ashleigh Wood, Moorhill Wood and Flemington South.

As far as James Lawless knows, only Lui na Greine has been taken in charge since then.

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