Vol. 844 No. 1
67. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government his plans to introduce legislation which will put on a primary statutory basis a universal requirement to have new developments in keeping with surrounding buildings of historical and architectural significance; and if he will make a statement on the matter. [24541/14]
Does the Minister have plans to introduce legislation which will put on a primary statutory basis a universal requirement that new developments will take into account surrounding buildings if they are of historical or architectural significance?
Planning authorities are already empowered to protect the architectural heritage in the interest of proper planning and sustainable development within their respective functional areas, and to prevent its deterioration, loss or damage. This role is reflected in the adoption of suitable policies for protecting the architectural heritage in development plans and giving practical effect to those policies through development control decisions, generally by liaison between planning officers and conservation officers. I am not contemplating further legislation in this area at present.
In the present legislative framework, specific provision is made for development plans to include objectives, inter alia, for the protection of structures, or parts of structures, which are of special architectural, historical, archaeological, artistic, cultural, scientific, social or technical interest; and the preservation of the character of architectural conservation areas. Provision is also made for the designation of architectural conservation areas, in respect of which development plans may include an objective to preserve the character of the place, area, group of structures or townscape. In considering an application for permission for development in regard to land situated in an architectural conservation area, a planning authority, or the board on appeal, must take into account the material effect, if any, that the proposed development would be likely to have on the character of the architectural conservation area.
I am taken aback by the Minister of State's answer. It would appear from her reply that the Minister of State is saying there is sufficient legislation to prevent deterioration and protect these structures. If there was legislation concerning specific planning rules that would be applicable to the area around historic sites, however, we would not be left with the current situation in Moore Street. In that case, the whole area was allowed to become derelict and we saw that continuing over the years. The site then went to a developer who is now in NAMA.
Unless the Minister and the Government intervene, come 2016, we will probably have a national monument from Nos. 14 to 17, Moore Street, but it will be surrounded by the current derelict area. Alternatively, if the developer had his way and found the money, or if NAMA provided it, we would have a huge shopping centre that would completely dwarf our national monument there.
The Dutch authorities would not allow something similar at the Anne Frank House. The Polish and German authorities would not allow fast food takeaways beside Auschwitz or Dachau. We are not protecting our national monument by not having these other plans to support the general area around it. There is not sufficient legislation in place to protect it.
The Minister for Arts, Heritage and the Gaeltacht has the power to comment both on development plans and on specific development proposals. I would have thought that is the area where such provisions should be made and incorporated into the development plan. As the Deputy knows, the development plan is adopted by the local authority but it is subject to guidelines at national level, both from my Department and, in this area, it is subject to comments from the relevant Minister.
Structures are in place but a question may arise as to whether they are appropriately implemented. From my Department's point of view, we are satisfied that legislation is in place to deal with these issues.
The proof of the pudding is in the eating, and the proof is what we see in Moore Street at present. This issue has been pursued with the Minister for Arts, Heritage and the Gaeltacht ad infinitum. He has done what he says he can do in regard to the national monument at 14-17 Moore Street. Surely the local development plans should also take account of the aesthetics of the surrounding area. There is considerable potential in that area for housing, indigenous small industries along Moore Street and for continuing the street trading tradition. We should do much more with the street by embracing the national monument because otherwise I think we will be a laughing stock come 2016, although it appears that considerable efforts are being made to divert attention from Moore Street to the GPO. Whether we like it or not, Moore Street is where the men and women moved after they left the GPO. They moved along those streets to what is now the national monument and then to the site of the Rotunda for the surrender. The Department of the Environment, Community and Local Government could play a stronger role with the local development plan in terms of taking aesthetics into account.
The Deputy made a fair case. Her question did not refer specifically to Moore Street but if there is anything we can do on the matter in respect of our own responsibilities, I will certainly consider it. There are specific guidelines in regard to developments that affect a protected structure or an architectural conservation area. I could state the guidelines for the Deputy but I do not think that will be necessary. If a more general issue arises relating to the development plan for the area in question, I will certainly investigate whether the Department can do anything.
68. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which it is proposed to reduce the numbers on local authority housing lists by way of a public capital programme, excluding voluntary agencies, on an annual basis over the next five years; if it is expected that new measures are likely to be taken in order to make a serious impact on the large numbers of local authority housing applicants currently dependent on private rental accommodation, with support to the extent of €450 million per annum from the Department of Social Protection; if further cognisance is taken of a further 20,000 families not on the local authority housing lists but dependent on unsupported private rental accommodation in a rapidly escalating rental market; if a full review will be undertaken of the policies pursued previously leading to this crisis situation in order to set in train an appropriate response; and if he will make a statement on the matter. [25428/14]
70. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which adequate existing housing stock has been identified throughout the country in areas most affected by the severe housing crisis with a view in the short term to meeting the most immediate needs by way of a public housing programme; if further consideration can or has been given to the need to build up a land bank to meet the future housing needs of those already on the local authority housing lists and those likely to come on to such lists for a variety of reasons; and if he will make a statement on the matter. [25427/14]
75. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total estimated number of social houses due to be constructed under the Government's Construction 2020 plans; and if he will make a statement on the matter. [25367/14]
The purpose of my questions is to ascertain the extent to which short, medium and long-term plans for social and affordable housing can be identified and produced. I commend the Minister of State, Deputy Jan O'Sullivan, on the way she has been dealing with the housing emergency which she inherited at a time that few resources were available. I am anxious that cognisance be taken of the supports available from the Department of Social Protection, which will diminish in time with the increase in social and affordable housing.
I propose to take Questions Nos. 68, 70 and 75 together.
On 14 May 2014, the Government published Construction 2020: A Strategy for a Renewed Construction Sector. Action 1 of the strategy provides that a national framework for housing supply is to be established on a statutory footing with an annual national statement of projected housing supply and demand published every June. I have asked the Housing Agency to take the lead in implementing this action.
The proper management of all State land is critical and, accordingly, both lands that have been transferred to the Housing Agency and local authority held lands suitable for development will be the first sites considered in any future targeted social housing building programme. My Department’s annual housing land availability survey gathers information from local authorities to inform the publication of the amount of zoned residential land in their areas that is currently serviced. It is currently estimated that there is in excess of 25,000 hectares of undeveloped residentially zoned land nationally, which equates to a capacity for over 500,000 new homes based on a national average of 20 units per hectare. This capacity is considered sufficient to meet the housing requirements nationally for in excess of the next ten years. In line with the commitments under the Construction 2020 strategy, a housing supply co-ordination task force for Dublin has been established with an immediate focus on addressing supply related issues.
Under action 8 of Construction 2020, a social housing strategy is to be published by quarter three of 2014. To assist in the development of the social housing strategy, the Housing Agency has invited submissions by 31 July 2014. This invitation for submissions is available at the following website: http://www.housing.ie/News/Current-News/Invitation-for-Submissions-Preparation-of-a-Social.aspx .
Action 9 of Construction 2020 provides that a review of Part V of the Planning and Development Acts, which, inter alia, deals with affordable housing and social housing gain from private development, will be completed by the end of quarter two of 2014. It is anticipated that any legislative changes required on foot of the review will be incorporated into the general scheme of a planning Bill which is currently in preparation.
I am acutely conscious of the difficulties caused by rising rents and of the problem of sourcing suitable accommodation, especially in Dublin and other urban centres, with growing evidence of increasing rents affecting more vulnerable tenants, such as those in receipt of rent supplement. I have asked the Private Residential Tenancies Board, PRTB, to carry out a focused piece of research that will explore options to address the difficulties being experienced in segments of the private rented sector and report to me with policy recommendations in the coming weeks. On 30 April 2014, the Government approved the publication of the Housing (Miscellaneous Provisions) Bill 2014, which, when enacted, will provide for the introduction of the new housing assistance payment, HAP, scheme. HAP will provide a new framework for the provision of rental assistance and will, in as much as it can, facilitate the removal of existing barriers to employment by allowing HAP recipients to remain in the scheme if they gain full-time employment.
I expect the final output across all social housing programmes for 2014 to be in the region of 6,000 new housing units. The number and method of delivery of social housing units in future years is determined in the course of the annual Estimates process and will be informed by the social housing strategy currently in preparation. It will set out clear objectives for delivery over the next five years.
I thank the Minister of State for her reply. The projected 6,000 new units per year are welcome but that is approximately 50% of what is required if serious inroads are to be made on local authority waiting lists over the next five to six years. To what extent has the precise number of required social and affordable houses been identified, given that approximately 90,000 people are already on various local authority housing lists? There are at least another 20,000 vulnerable people in private rented accommodation. These people are working but are not in receipt of rent support so they may find themselves in a very challenging position as time moves on. Will the Minister of State identify a precise number of houses to meet the medium-term challenge?
I thank Deputy Durkan for his comments. The Housing Agency produced some fairly specific figures recently on projected needs over the next number of years. As I stated, work is also being done on what can be done for people in private rented accommodation and particularly the lower end of that sector. We know the number of people are on various schemes and systems, as well as the waiting lists, so we know what are the needs. Our difficulty is funding the supply. I mentioned to Deputy Stanley the various ways in which we want to construct houses for people, and we will have to try to be more imaginative in this respect than we have been in the past as we cannot significantly increase capital budgets for the State because of restrictions. We are using every possible method and we are open to any suggestions as well.
I share the concerns of Deputy Durkan, a Government party Member, who is exasperated and at a loss in trying to find out the exact housing allocations necessary for this problem and the plans for them to be delivered. I also echo the concerns of Deputy Stanley when he spoke about County Laois, and the issue is no different in Offaly and many other counties throughout the country. The problem is even greater in Dublin.
Since the Government took office, we have had a 2011 housing strategy and we were told there would be a social dividend from NAMA. We have also had the Construction 2020 plan and a housing Bill to be finished later today which, as somebody noted in last week's debate, contains no houses but rather deals with housing supports. That is instead of addressing housing needs. As I indicated last week, there is a sleight of hand with regard to waiting list figures, with people coming off a list if they get a short-term solution to a long-term problem.
The Minister of State has reiterated the big issue of funding time and again.
The Minister of State's line Minister has not been successful in sourcing adequate funding to address this problem in a meaningful way. It is not just a problem, it is a total crisis. If funding could be derived from the National Pensions Reserve Fund to fund the establishment of Irish Water and all that is associated with it, surely the Cabinet could make an effort to find funding from a similar source to address this issue, which must be addressed, taken seriously and dealt with.
The platitudes can stop. I spoke to housing agencies only this morning, for example, Alone, which works with the elderly in Dublin. It was consulted on a Friday about making a submission on policy and had a weekend in which to write a submission. There will be a housing summit later this week and we have no idea of its format. Maybe the Minister of State will enlighten us about its process.
The housing summit will be held on Friday and is very much concerned with looking for proposals and ideas. I am sure the Deputy will have an opportunity to feed into that. The strategic investment bank will be able to lend to builders. We have set it up. I could refer to history although I really do not want to do that but the Deputy raised the issue of funding. He knows very well that the absence of capital investment in housing, not just in the past three years but prior to that, under the Fianna Fáil-led Government, was due to the constrictions on capital which were part of the agreement with the European Commission.
The Minister of State should not rise me.
That is a fact. Very few social houses were built at a time when there was a huge amount of construction going on-----
If the Minister of State wants to make a comparison, she should compare like with like.
-----in what are now unfinished housing estates in various parts of the country.
We had that battle before the last election.
If the Deputy is going to criticise us for not having capital to spend on housing, I am going to tell him why that is.
I am criticising the Minister of State for not sourcing it.
We have commenced mainstream construction but the quickest way to provide houses this year and next is to address the empty, boarded-up local authority houses. That is why we have directed a significant sum for this year and next year to those, which will bring more than 1,700 units back into use. Then we will start construction. As soon as we can get funding, we will construct more. We could not do it up to now because we were constrained.
I cannot but be moved by the comments from the Opposition given recent history because the whole social housing problem that arises now is due to the failure over a 15 year period to have any proper housing strategy. That is what the present Government inherited. The Minister of State could be forthright, admit that and say it to the public because we will not do anything meaningful about this issue unless and until we devise a system that will deal with it.
The National Treasury Management Agency (Amendment) Bill, passed last week, might be used as a vehicle to try to ensure funding is made available, because funding is obviously a problem, for the direct construction of affordable and local authority housing in the old-fashioned sense. At present there is no competition between those in private rented accommodation, the investors who own that accommodation and the rest of the community. There is nobody to provide an alternative in that sector. It is completely controlled by the markets, the banking sector and the rising rents. Those people are in a very difficult situation.
Would it be possible to pursue vigorously the use of the National Treasury Management Agency, NTMA, to ensure that funds are made available?
We have commenced that discussion and will continue it in conjunction with my Government colleagues. The strategic investment bank will be able to lend to builders. There is extant planning permission for a large number of units throughout the country but particularly in the greater Dublin area, including County Kildare, I hope.
We want to see the construction industry up and running. Part V should have delivered a lot of units during the building boom as well but it did not. It delivered a very small percentage of units in comparison with the number built.
Wexford County Council applied for funding of €733,000 this year to return units to people for housing but was granted only one third of that sum. Given that this is one of the cheaper ways to create housing, will the Minister of State explain why she did not give the council the rest of the money?
I want to highlight something Michael Taft, research officer at the UNITE union, brought forward lately when he wrote on UNITE's website. It states:
If by this time next year if [sic] there are people still homeless, it’s because the Government made a policy choice. €7 billion is being spent [this year] on paying down debt ... It comes from the Government’s considerable cash balances. At the end of 2013, the Government held €18.5 billion in cash. This is made up of money that has already been borrowed and revenue from bank investments ... The Government is taking the €7 billion and paying down Government debt to lower the debt/GDP ratio ... So let’s take half of that money the Government is using to pay down debt - €3.5 billion – and use it to build social houses, house the homeless and put some people back to work ... The €3.5 billion would build approximately 20,000 social houses ... The impact on employment would be considerable. 35,000 direct jobs would be created – that is, jobs on site. NERI estimates further job creation given the impact on downstream sectors (building supplies, transport) and the additional demand injected into the economy.
It is hardly rocket science to suggest this would be a good way to move forward and address many problems. It would create employment and deal with homelessness and the need for social housing. It would be good for the economy all round.
I was going to put the same question to the Minister of State. Why did the Government choose to pay down €7 billion of the debt? Why was some of that money not used to build social housing? Has the Government been in contact with the European Investment Bank about the €500 million that could be accessed there? Is it thinking about using money to buy properties, apartments or houses? That would allow people to move into accommodation immediately and meet some of the need that exists. Families are finding themselves out on the streets every single day of the week. There is a concern that the long-term homeless could be left behind because of the focus on trying to get families into homes. They have spent years waiting and campaigning for a roof over their heads. They have produced many brilliant programmes and magazines over the years. I would like to hear what the Minister of State has to say about these matters.
I would like to refer briefly to the whole housing issue. The figures that have been given by the Minister of State with regard to new builds are tiny. They are a drop in the ocean. In the case of in County Laois, the figure will be six in 2014 and 2015. The money that is being provided is welcome. I think a figure of €70,000 has been mentioned with regard to County Laois. This shows the number of voids in the county is quite small, which is a good thing. Something more substantial is needed in this context. I suggest that the Minister of State have to look off the balance sheet. Along with other Deputies on this side of the House, I have suggested some methods of trying to raise money off the balance sheet and start a major social housing programme. We are facing something like what we faced in the 1950s and the 1930s. There are huge problems out there. I do not think the scale of this massive problem has been absorbed by the Government. I accept that the problem was already there when the Government came into power, but it has grown since then. There is always a problem with a shortage of social housing, but there is an absolute crisis at the moment. It has to be dealt with by the Government. It cannot be left to the voluntary agencies, which are building up huge stocks of housing. I do not have a problem with the voluntary agencies per se. I want the problem to be solved. The Government is brewing up a problem down the line. Neither the local authority nor the Government at national level has control over the housing stock. They do not have the title deeds of the houses. This is a huge problem that is brewing up in the housing sector. It would not exist if the Government or the local authority had the title deeds, or if the tenant purchased the house and wound up with the title deeds permanently. The Minister of State needs to watch that and be careful as she moves forward.
One of the criteria that apply when the voluntary agencies receive funding is that the housing has to be provided for social housing use. In addition, they are not for profit. Therefore, those houses are there for social housing purposes.
The Government has very little control over them.
I would like to respond to the general issue about paying the banks that was raised by a few people. Unfortunately, there was such a thing as the bank guarantee and there was such a thing as the troika agreement. We were constrained by those matters. I do not want to go back over that again.
The Government has the banking inquiry for that.
That is one of the reasons we have not been able to spend a whole lot of capital State money on house construction.
The money to which we refer is separate from the troika money.
We are talking about the €18.5 billion in cash.
I repeat that the strategic investment bank, which was raised by somebody, will be lending to builders to build houses. We have applied for €100 million from the European Investment Bank, about which Deputy Joan Collins asked. We expect to get an answer in the late summer.
The funding will mainly go towards refurbishing local authority flats in the cities. Should we be successful in securing that funding, as we hope to be, it will involve a significant number of units.
Regarding the purchase of accommodation, I recently gave funding for the purchase of houses for people with special needs, physical disability and so on. With regard to homelessness, we have an implementation plan in place. Deputy Joan Collins raised the situation of those persons whom one might call the more traditional homeless. Their needs are central to our implementation planning. We are pursuing a housing-led approach to move them out of temporary hostel-type accommodation as soon as possible and into supported housing.
As Deputy Mary Lou McDonald is not in the Chamber to table Question No. 69, we will proceed to the next question.
71. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has written to local authorities on the role of Irish Water in light of the delay in the taking in charge of estates by authorities; and if he will make a statement on the matter. [25366/14]
87. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government his views on whether local authorities may be correct in refusing to take an estate in charge because there is, at present, an unclear legislative basis for the taking in charge of sewers, water mains or other water infrastructure that is owned by Irish Water; if it is his view that Circular PL21/13 sufficiently clarifies the matter in the interim to allow the taking in charge of estates with the consent of Irish Water; and if he will make a statement on the matter. [25480/14]
104. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government his plans to revise the planning legislation on the taking in charge of housing developments; and if he will make a statement on the matter. [25370/14]
This issue has been raised by my colleague, Deputy Seán Ó Fearghaíl, in the past. It concerns the outstanding legislation that needs to be enacted in order for local authorities to take in charge estates, in the context of the complication that has arisen by virtue of Irish Water having taken over a range of water infrastructure. Will the Minister of State indicate what legislation is necessary and when it will be brought forward to address the delay that is happening in many parts of the country in the taking in charge of various estates by local authorities?
I propose to take Questions Nos. 71, 87 and 104 together.
Section 180 of the Planning and Development Act 2000, as amended, sets out the process by which local authorities can take in charge housing estates. When taking an estate in charge under the terms of this provision, a planning authority must take in charge any roads, open spaces, car parks, sewers, water mains or drains within the attendant grounds of the development. The Water Services (No. 2) Act 2013 provides for the transfer of responsibility for the provision of public water services from local authorities to Irish Water. In addition, it provides a mechanism whereby water services infrastructure may be transferred by ministerial order to Irish Water. Contrary to certain misunderstandings that may exist, there is no specific legal impediment to the taking in charge of water services infrastructure by local authorities.
In Circular PL 21/13, issued by my Department to planning authorities on 30 December 2013 in light of the transfer of certain statutory water services functions from local authorities to Irish Water with effect from 1 January 2014, it was stated that legislative amendments to clarify further the existing provisions on the taking in charge of housing estates would be made in 2014. My Department is currently considering, in consultation with Irish Water, what amendments to section 180 of the Planning and Development Act 2000, as amended, will be required in this regard. In addition, in consultation with Irish Water and the local authorities, we are working on developing a protocol for the taking in charge of estates. This protocol will be finalised shortly, following which further advice will be issued to local authorities on this matter.
I thank the Minister of State for her response. It seems clear that an error was made by those charged with responsibility for bringing forward legislation to satisfy everybody concerned in regard to Irish Water taking over the provision of water services. This delay, as the Minister of State acknowledged, is ongoing and is causing great concern to people living in estates which continue in a dilapidated state because they cannot be taken in charge. She indicated that she is in consultation with the various authorities with a view to bringing forward amendments to section 180 of the relevant Act. When can we expect to see those provisions? This issue has been long enough going on that she should be in a position now to indicate when the legislation will be forthcoming so that the problem can be resolved. Can we expect it to be brought forward before the recess?
It is important to reiterate that there are no legal impediments to the taking in charge of water infrastructure by local authorities, as clarified by the circular that was issued. In regard to legislative changes, I expect any such changes to be included in the forthcoming planning Bill, which will be enacted in the autumn session.
I did not hear all of the Minister of State's reply. Grouping questions together in this manner provides good exercise for the heart as we race to get to the Chamber on time.
I raised this issue of the taking in charge of housing estates with the Minister of State at the last Question Time. The legislation stated that a petition had to be signed by the majority of persons on the register of electors but this was subsequently amended to state the majority of the owners. Will the Minister of State clarify why that amendment was introduced? Is she aware of the difficulties this causes where there may be an absentee landlord and where people may be in financial difficulties with the banks and the last thing they want to do is to go cap in hand to them to try to get copies of their deeds? Will the Minister of State revisit this in the forthcoming legislation?
As the Deputy said, the rule is that the local authority must if requested to do so by the majority of the owners of housing units in a specific development initiate the procedures. The majority of owners in a particular area is not particularly onerous, in terms of the taking in charge of-----
With all due respect, I am not from the most urban constituency in the country but from the most rural one. However, sometimes one third or up to 50% of houses are owned by landlords. Straightaway, there is a problem in trying to get documentation and deeds from them. Sadly, in my constituency, as in many parts of the country, a lot of people are in huge financial difficulty with banks and are trying to make mortgage repayments to them. They are trying to avoid being terrorised by the banks and the last thing they want to do is to go into banks to get copies of their deeds to prove to the local authority that they own their houses.
It is in the interest of people living in a housing estate to have it taken in charge. The intention here is not to put obstacles in the way of the taking in charge of a housing estate. The deeds of a house are normally held by a solicitor and it should not be particularly onerous to get them. We are reviewing planning legislation and if we need to look at this again, we will do so. The national committee on unfinished estates, which I chair, has discussed the whole issue of the taking in charge of housing estates and where there are obstacles and difficulties in regard to this. I can undertake to have it discussed at that committee to see if anything needs to be done.
I am surprised by the Minister of State's response because the last time I questioned her on this issue, she understood it. Perhaps she has got a briefing since that has said the opposite. My deeds are held by the bank and not a solicitor as is the case with the vast majority of mortgage holders in this country. There are estates where developers still own quite a number of houses and where houses may be held by NAMA or a receiver. Where works are completed, surely it is in everyone's interest that an estate is taken in charge. I can give the Minister of State instances in my constituency where estates have been completed for a number of years but the residents have not been able to get the majority of the owners of those properties to sign a petition to have the estate taken in charge. In those instances, the developer has gone into liquidation so it is not possible for the developer to do so. A limbo-type situation has been created because of the change in the legislation. All I am asking is that this amendment to the legislation is reversed to facilitate the taking in charge of these estates, which was the objective of the amendment in the first place.
We will look at the legislation to see if there are difficulties with it. As I said to Deputy Cowen, we will bring planning legislation before the House later in the year. The intention was never to make this difficult but to facilitate the process because as we all agree, it is in everybody's interest to take estates in charge as soon as possible.
