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Wednesday, 12 Mar 2014

Written Answers Nos. 40-47

Wind Energy Guidelines

Ceisteanna (43)

Brian Stanley

Ceist:

43. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his views on whether there ought to be an exclusion zone for wind turbines around horse breeding farms. [11775/14]

Amharc ar fhreagra

Freagraí scríofa

I commenced a public consultation on 11 December 2013 on proposed “draft” revisions to the existing 2006 Wind Energy Development Guidelines focussing specifically on the issues of noise, setbacks and shadow flicker. These draft revisions include a proposal for a mandatory setback of 500 metres between a wind turbine and the nearest dwelling for amenity considerations. My Department received submissions on the proposed revisions to the Guidelines from over 7,000 individuals and organisations by the 21 February 2014 deadline, including a number of submissions from representatives of the horse breeding industry. These submissions will be considered when preparing the final version of the revised guidelines and making any necessary amendments to the existing guidelines deemed appropriate.

I would expect to issue the final revised guidelines by the end of June 2014 under Section 28 of the Planning and Development Act, 2000, which will require both planning authorities and An Bord Pleanála to have regard to them in the assessment of planning applications.

Water and Sewerage Scheme Grants

Ceisteanna (44)

Denis Naughten

Ceist:

44. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans to enhance the group sewerage scheme grant; and if he will make a statement on the matter. [11710/14]

Amharc ar fhreagra

Freagraí scríofa

Responsibility for the administration of the Rural Water Programme, which includes group sewerage schemes, has been devolved to local authorities since 1997. In December 2012, I announced an increase in the grant for group sewerage schemes to €6,500 per house or 75% of the cost of the scheme, whichever is the lesser. The previous rate of grant available was €2,031.58 per house or 75% of the cost, whichever was the lesser. I proposed, in the first instance, to carry out a number of pilot schemes based on the increased grant level. My Department asked local authorities to include in their requests for funding under the 2013 Rural Water Programme proposals for pilot group sewerage schemes which might be viable based on the increased grant. Following an examination of the proposals received, with particular regard to the environmental justification provided and the estimated costs, I approved grant assistance towards pilot schemes in nine different counties in 2013. A review of progress on the selected pilot schemes will be completed as soon as possible with a view to deciding how best to proceed with the grant scheme.

Election Management System

Ceisteanna (45)

Brian Stanley

Ceist:

45. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will consider introducing PPS numbers as a means of allowing persons to come automatically on to the electoral register when they are 18. [11776/14]

Amharc ar fhreagra

Freagraí scríofa

In law, the preparation of the Register of Electors is a matter for each local registration authority – city and county councils. It is their duty to ensure, as far as possible and with the cooperation of the public, the accuracy and comprehensiveness of the register. This is done on an ongoing basis in accordance with the electoral acts. There is no provision for linking the electoral register to PPS numbers. The Programme for Government contains a commitment to establish an Electoral Commission to subsume functions of existing bodies and my Department, including provisions in respect of the electoral register. Matters associated with the registration process, including linking the register to PPS numbers, would be appropriate for consideration by the Electoral Commission.

Local Authority Housing Mortgages

Ceisteanna (46)

Thomas P. Broughan

Ceist:

46. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government the number of persons in shared ownership mortgage arrangements with local authorities who have availed of the room rental for shared ownership option; the number availing of the mortgage to rent scheme since it was rolled out on a pilot basis in February 2012; and the further supports that will be allocated to persons in shared ownership mortgage arrangements with local authorities who are in distress. [11706/14]

Amharc ar fhreagra

Freagraí scríofa

The Government’s 2011 Housing Policy Statement announced the standing down of all affordable housing schemes, including the shared ownership scheme, in the context of a full review of Part V of the Planning and Development Acts 2000-2013. Details regarding the review are available on my Department’s website www.environ.ie.

In 2013, I asked the Housing Agency to conduct a standalone review of the shared ownership scheme, including identification of the main difficulties and recommendations for mitigating measures. While I have received an initial draft of the review from the Agency a number of issues have been identified that need further detailed financial analysis fully to assess the impact on local authority finances of possible mitigating measures. This data collection exercise has been initiated and will inform future actions. Pending full conclusion of this review, my Department issued a circular letter to local authorities setting out some of the options and interim actions that might be explored to alleviate the difficulties of those in shared ownership distress such as allowing use of the Mortgage Arrears Resolution Process and room rental for Shared Ownership mortgage holders. My Department does not collect statistics in relation to room rental. These proposals are not a complete solution to the issues that arise for such mortgage holders but are intended as an interim measure pending outcome of the review.

I fully recognise that shared ownership home owners, amongst others, have been affected by issues such as unemployment and possible negative equity. In such cases, borrowers should actively engage with their lenders, whether a commercial financial institution or a local authority, to seek to avail of one of the options available to provide sustainable solutions to distressed mortgages.

The mortgage arrears resolution process, already in place in respect of commercial mortgages , is now being implemented across all local authorities. In cases of acute mortgage distress, homeowners also have the option of seeking to avail of the legal process now also in place to deal with personal insolvency. On foot of the recommendations of the Keane Report on mortgage arrears, the Government launched a Mortgage to Rent scheme on a pilot basis in February 2012. This scheme was extended nationally in June 2012, targeting those low income families whose mortgage situation is unsustainable and where there is little or no prospect of a significant change in circumstances in the foreseeable future. To date, 34 households have availed of the Mortgage to Rent scheme facilitating low income families whose mortgage situation is unsustainable. In addition, my Department has issued full funding approval under the scheme for a further 51 housing units. The scheme ensures that the family remains in their home, while ownership is transferred to an approved housing body and the family becomes a tenant of the approved housing body. Eligibility requirements are in line with other forms of social housing support.

The scheme for local authority borrowers in arrears, which was piloted in two local authority areas, Westmeath County Council and Dublin City Council, was implemented nationally in recent weeks. With the support of the Minister for Public Expenditure and Reform and the Housing Finance Agency, I will be allocating an additional €20m to the Mortgage Arrears Resolution Process (MARP) fund in 2014 to significantly expand the capacity of that process to assist households in mortgage distress.

Building Regulations Application

Ceisteanna (47)

Clare Daly

Ceist:

47. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government in view of the fact that the building control amendment regulations have come into force on 1 March 2014 and that these regulations are of no benefit to the tens of thousands of victims of shoddy builders, home owners who purchased during the building boom and who are left with drainage and plumbing problems, leaking roofs and dampness, non-compliance with fire safety regulations and structural damage, the action he will take to help these victims of bad building and lack of adequate building control. [11848/14]

Amharc ar fhreagra

Freagraí scríofa

The Building Control Acts 1990 and 2007 set out a clear statutory framework for the control of building activity based on:

- clear legal standards as set out in the Building Regulations;

- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;

- the burden and responsibility for compliance resting first and foremost with developers/builders;

- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards.

In cases where a contract exists between the owner of a building and the relevant builder/developer, the resolution of problems is a matter for the parties concerned, namely the building owner, the relevant builder/developer and the builder/developer’s insurers, and where a resolution cannot be achieved through dialogue and negotiation enforcement may become a civil matter. Where professionals have been involved in the design and/or the supervision and certification of works the legal responsibility in relation to the resolution of problems would extend to the professional and the professional’s insurers.

In addition to the above, local authorities have extensive powers of inspection and enforcement under the Building Control Acts 1990 and 2007, the Fire Safety Act 1981 and the Planning and Development Acts, all of which may be relevant in relation to the instances of non-compliance cited. Local Authorities have used such powers on a number of occasions in recent times. I have urged, and will continue to urge, local authorities to use all of the powers available to them to address failures to comply with statutory requirements and my Department continues to liaise closely with local authorities in this regard.

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