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Tuesday, 23 Apr 2024

Written Answers Nos. 375-389

Commercial Rates

Questions (376)

Robert Troy

Question:

376. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage if he will consider a reduction or waiver regarding the cost and payments of commercial rates for businesses that are impacted by disruption of construction works affecting their business; and the likelihood of a waiver of property rates during these periods of disruption to local businesses. [17881/24]

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Written answers

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation list prepared by Tailte Éireann under the Valuation Acts 2001 to 2022.  Tailte Éireann has independent responsibility for all valuation matters, except appeals of valuation procedures set out under the Valuation Acts which come under the remit of an independent Valuation Tribunal.

As with all local charges, the invoicing and collection of due amounts is a matter for the local authority concerned to manage in the light of prevailing local circumstances and in accordance with normal credit control procedures.  My Department encourages local authorities to engage with ratepayers and understands the difficulty ratepayers can face.   In practice, it is understood that most local authorities promote the use of direct debit payment facilities and work with businesses to put in place flexible payment options that reflect capacity to pay.

The Increased Cost of Business Grant (ICOB) was a measure announced as part of the Budget 2024 package.  This scheme is the responsibility of the Minister for Enterprise, Trade and Employment. This one-time grant, amounting to €257 million, will be disbursed to small and medium-sized businesses in 2024. This grant is intended as a one-time financial aid to help businesses with increased costs associated with running a business.

The Local Government Rates and Other Matters Act 2019 provides for new rates vacancy abatement and rates waiver schemes, to be decided by local authority members in order to promote national and/or local policy objectives.  My Department is currently preparing supporting regulations and working with local authorities on implementation with a view to commencing these provisions.  These new provisions will add to the suite of options already available to local authorities to support local businesses and ratepayers.  The approval of these schemes will be a reserved function of the elected members.  Regulations in respect of rates waiver schemes are expected to be made in time for waiver schemes to be adopted by local authorities in their 2025 budgets.

Water Fluoridation

Questions (377)

Éamon Ó Cuív

Question:

377. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if it is the policy of his Department that all public water schemes are fluoridated; if not, the schemes that have fluoridation and those that do not, respectively; the total cost of fluoridating water; the amount of this cost borne by the Exchequer by way of grant to Uisce Éireann; and if he will make a statement on the matter. [17917/24]

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Written answers

I have no function in relation to the matter raised in the Question. The Irish Expert Group on Fluorides and Health, which operates under the aegis of the Department of Health, advises on matters relating to water fluoridation. As such this Question is more appropriate for reply by the Minister for Health.

Housing Policy

Questions (378)

Paul Kehoe

Question:

378. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage if he plans to alter the means test condition based on previous 12 months of income for approval for social housing supports and if he will give local authorities discretion in cases (details supplied); and if he will make a statement on the matter. [17938/24]

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Written answers

I currently have no plans to amend the requirement to assess household social housing income eligibility on the previous 12 months net average income.

The Social Housing Assessment Regulations 2011, as amended, prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy (HMP). It was revised in March 2021 and comprehensive guidance was provided to local authorities at the time. 

Social housing is a long-term support intended to support households that have continuing, long-term difficulty meeting their own accommodation needs. This is reflected in the underpinning legislation and the HMP which provides for applicants’ eligibility to be assessed on their net average income over the previous 12 months from the date of their application. It provides a truer picture of long-term need and is an objectively fairer approach than assessing such need against more recent changes in circumstances, including loss of employment or significant changes in income. This also ensures fairness and equity in the system and that those with a continuing long-term need are prioritised.

Rent Supplement is a short-term income support for people in the private rented sector. If there has been a recent change in a households circumstance and the household requires short term support with their rent, it is open to them to make application for rent supplement. It remains open to that household to apply for social housing support at any stage, subject to meeting the eligibility and need criteria at the point at which they apply.

Marine Protected Areas

Questions (379)

Darren O'Rourke

Question:

379. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage to provide an update on MPA legislation; and if he will make a statement on the matter. [17947/24]

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Written answers

I refer to the reply to Question No. 68 of 17 April 2024 which sets out the position in this matter.

Question No. 380 answered with Question No. 356.
Question No. 381 answered with Question No. 356.

Departmental Regulations

Questions (382)

Mattie McGrath

Question:

382. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage when the European Union (Planning and Development) (Displaced Persons from Ukraine Temporary Protection) Regulations 2022 (S.I. No. 306 of 2022) will be disbanded; the reason they remain in place if the levels of Ukrainian persons requiring State accommodation is falling (as per the Taoiseach's comments in Dáil Éireann on 17 April during Questions on Promised Legislation); and if he will make a statement on the matter. [18021/24]

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Written answers

The European Union (Planning and Development) (Displaced Persons from Ukraine Temporary Protection) Regulations 2022 (S.I. No 306 of 2022) were introduced in response to the emerging Ukrainian crisis.  The Regulations give effect to Council Directive No 2001/55 EC and Council Implementing Decision EU 2022/382 of 4 March 2022 (European Council Decision) to provide immediate protection in EU countries for persons displaced by the Russian invasion of Ukraine, including the need to provide emergency accommodation and support to these displaced persons.  These Regulations are temporary and they will cease to have effect when the temporary protection activated by European Council Decision ends. 

After this time the removal, demolition or alteration of any temporary structure and the discontinuance of any temporary use will be required, unless the development is permitted, exempted or otherwise regularised by a provision of the Planning and Development Act 2000 or the Planning and Development Regulations 2001, as amended.

Homeless Accommodation

Questions (383)

Mattie McGrath

Question:

383. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if he has any plans to develop modular homes for the homeless; and if he will make a statement on the matter. [18026/24]

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Written answers

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of homeless services rests with individual local authorities.

Critical to addressing homelessness is an increased supply of housing, in particular social housing, and Housing for All includes a target to deliver 90,000 new build social homes in the period 2022-2030. Modern Methods of Construction (MMC) has been identified as a key measure to support housing delivery and actions to support the development of MMC in Ireland are set out in Housing for All.

MMC is central to the Government’s Accelerated Social Housing Delivery Programme. This programme is being led by my Department and will see the delivery by 13 local authorities of at least 1,500 social homes using Modern methods of Construction across approximately 36 sites. It is intended to expand the use of the Design and Build procurement approach to enable greater use of MMC in social and affordable housing delivery.

Statutory Instruments

Questions (384)

Mattie McGrath

Question:

384. Deputy Mattie McGrath asked the Minister for Housing, Local Government and Heritage if he has any plans to introduce a statutory instrument to exempt developments of rapid-build modular homes for Irish citizens to alleviate the housing crisis; and if he will make a statement on the matter. [18027/24]

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Written answers

All development proposals require planning permission unless they are specifically exempted under the Planning and Development Act 2000, as amended (the Act) or the supplementary Planning and Development Regulations, 2001, as amended (the Regulations). In addition, national planning policy, guidelines and legislation do not dictate the methods of construction or materials that must be used for housing, and accordingly there is no prohibition on the construction of rapid build modular homes from a planning perspective subject to the overall proposal for planning permission being in accordance with national, regional and local planning policy. In addition, there are no restrictions under the planning code for any person to apply for planning permission in respect of modular type accommodation.

When a person submits a planning application for a house (including for rapid build modular homes) under section 34 of the Act, irrespective of whether the proposed development is located in an urban or rural location, the planning authority, in making its decision, shall have regard to the proper planning and sustainable development of the area. It is a matter for the relevant planning authority to consider each application on a case-by-case basis and to decide to whether to grant the permission, subject to or without conditions, or to refuse permission.

Furthermore, a range of factors have to be taken into account in the assessment of proposals for housing (including for rapid build modular homes), including requirements for access, car parking, amenity space as well as separate services such as water, drainage and electricity. In addition, such proposals may also have implications for neighbouring properties and the visual amenity and character of the area which must also be taken into consideration in the determination of a planning application. 

A number of development types are exempt from the requirement to obtain planning permission, including for the erection of detached structures within the curtilage of a house for the purpose of storage. However, it is a specific condition and limitation attached to this particular exemption that such structures shall not be used for human habitation. Accordingly, a 'one size fits all' type planning exemption for such structures would not be appropriate or consistent with proper planning and sustainable development.

An application for planning permission also provides an opportunity for members of the public to make submissions or observations in respect of proposed development. The planning authority is required to have regard to any submissions or observations received on a planning application during the public participation process in accordance with section 34 of the Act. The planning authority shall make its decision on a planning application within 8 weeks of receipt of the application in accordance with section 34(8) of the Act, except in instances where further information is required from the developer.

Where any party is unhappy with the decision of a planning authority in relation to an application for planning permission, the decision may be appealed to An Bord Pleanála within four weeks of the decision of the planning authority in accordance with section 37 of the Act.

In accordance with Section 34(13) of the Act, a person shall not be entitled solely by reason of a permission under section 34 of the Act to carry out any development. Where permission is granted for rapid-build modular type accommodation, the development must also comply with other legislative requirements such as the Building Regulations, including fire safety requirements and domestic waste water treatment requirements. In this regard, it is critical to ensure that products, systems and ultimately buildings which are comprised of such products and systems, are designed, constructed, and certified, as fit for purpose, having regard to their intended end use.

In light of the foregoing, I have no plans to make exempted development regulations in respect of rapid build modular homes.

Question No. 385 answered with Question No. 366.

Wastewater Treatment

Questions (386)

Ciarán Cannon

Question:

386. Deputy Ciarán Cannon asked the Minister for Housing, Local Government and Heritage to outline his plans to provide adequate wastewater treatment facilities in the towns of Kilconnell, Caltra and Castleblakeney in County Galway; and if he will make a statement on the matter. [18119/24]

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Written answers

As set out in the Programme for Government “Our Shared Future”, the Government is committed to continue investment in our rural communities and to support proportionate growth of rural towns and villages to help attract people to live in these locations.

My Department continues to invest in water and waste water infrastructure to support the development of those rural villages that are not currently served by Uisce Éireann.

More than €243 million of funding, over the period 2021 to 2025, has been provided under the National Development Plan for non-Uisce Éireann investment in rural water infrastructure. This includes €175 million to support the Rural Water Programme and, of this, €50m has been committed specifically to address the requirements for villages and similar settlements without access to public waste water infrastructure.

My Department has launched a funding measure for the provision of waste water collection and treatment needs for villages and settlements without access to public waste water services.

I recently approved funding for a number of demonstration projects under this measure, including for two villages (Clarinbridge and Craughwell) in County Galway. Future approaches to villages without public waste water collection and treatment facilities in County Galway and elsewhere will be informed by the progress on these demonstration projects.

State Bodies

Questions (387)

Ivana Bacik

Question:

387. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the number of disputes lodged with the Residential Tenancies Board regarding alleged failures to pass on the electricity rebate; and the number of adverse findings made by the Residential Tenancies Board in respect of same. [18123/24]

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Written answers

The Residential Tenancies Board (RTB) was established an independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.

My Department does not hold the details sought.  However, arrangements have been put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. The RTB has set up a dedicated email address for this purpose and may be contacted at OireachtasMembersQueries@rtb.ie to establish the extent to which it may hold the information sought.

Housing Schemes

Questions (388)

Ivana Bacik

Question:

388. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage his plans to amend the tenant-in-situ scheme to introduce mandatory local authority purchase for certain tenants who are supported through the housing assistance payment or rental accommodation scheme. [18127/24]

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Written answers

Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).

Under Housing for All, there is provision for 200 social housing acquisitions each year. However, with increased pressures on housing and the exit of landlords from the market, the Government agreed that there would be increased provision for social housing acquisitions in 2023. This has continued into 2024 and my Department will fund local authorities to acquire up to 1,500 social homes this year. The additional acquisitions are focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property. Local authorities have delegated sanction in relation to these acquisitions, subject to those acquisitions being within Acquisition Cost Guidelines (ACGs) issued by the Department.

The primary reason for the restrictions on social housing acquisitions is to avoid undue impact on the private housing market, including avoiding competition with first time buyers or acquisitions by other private individuals/families.

It is a matter for individual local authorities to identify suitable acquisitions in line with local circumstances and their social housing allocations policy. Local authorities take appropriate steps to ensure that their first response will be to support households to try to prevent homelessness in cases where tenants have been served with a notice of termination by their landlord. It should be noted that the tenant in situ scheme is only one of a number of options open to local authorities to deal with tenants at risk of homelessness. It is appropriate that the local authorities who engage directly with the at risk household on the matter determine the appropriate response in each individual case.

State Bodies

Questions (389)

Ivana Bacik

Question:

389. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will report on the average wait time for a response from the Residential Tenancies Board to landlords seeking to register a tenancy in each of the years 2020, 2021 and 2022. [18128/24]

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Written answers

The Residential Tenancies Board (RTB) was established an independent statutory body under the Residential Tenancies Acts 2004-2022 (RTA), to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants and as such, the registration of tenancies is an operational matter for the RTB.

My Department does not hold the details sought.  However, arrangements have been put in place to facilitate the provision of information by State Bodies to members of the Oireachtas. The RTB has set up a dedicated email address for this purpose and may be contacted at OireachtasMembersQueries@rtb.ie to establish the extent to which it may hold the information sought.

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