Kerry County Council says it has raised a legislative issue with Irish Water which is impacting its ability to take estates in charge.
Fine Gael Cllr Mike Kennelly asked for an update on the taking in charge of Fearann an Flainn in Kilflynn at the recent Listowel Municipal District meeting.
Kerry County Council told Cllr Kennelly the application to take the estate in charge is being processed and a survey of water services at the site has been completed.
The council said Irish Water has not approved the move to take the estate in charge as there is a wastewater treatment plant in Fearann an Flainn and such developer-provided infrastructure is not covered under the terms of its memorandum of understanding.
The council added this is an ongoing issue with a number of similar estates and it isn’t in a position to progress matters further.
Water services management have raised the issued nationally with Irish Water.
Cllr Kennelly said the situation was completely unacceptable and called for a change in the legislation.