Written Answers Nos. 559-574
559. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the criteria that was used to decide the percentage changes in the rural development programme budgets for local development companies around the country; and if he will make a statement on the matter. [27175/13]
View answer583. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government if he will provide details of the number of projects in each county awaiting approval from his Department for Leader funding; and if he will make a statement on the matter. [26862/13]
View answer618. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the initial allocation made to each integrated company under the Leader programme 2007-2013; the revised allocation made recently to each company; the decrease or increase in this allocation; the amount of each allocation divided between administration money and projects; the reason for the change in allocation in each case; and if he will make a statement on the matter. [27650/13]
View answer619. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the revised project allocation to each integrated company under the Leader Programme; the amount of commitments entered into to date by each company and the expenditure to date; and if he will make a statement on the matter. [27651/13]
View answer620. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the revised allocation under each measure of the Leader programme; the amount committed to date under each measure; the expenditure under each measure; and if he will make a statement on the matter. [27652/13]
View answer629. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government in the context of an average 13% reduction in the Leader Rural Development Programme funding, the reason some companies received a reduction of more than the national average and others received substantial increases in their budget; and if he will make a statement on the matter. [27723/13]
View answerI propose to take Questions Nos. 559, 583, 618 to 620, inclusive, and 629 together.
The LEADER elements of the Rural Development Programme (RDP) 2007–2013 commenced in February 2009 after a delay of more than two years which reduced the time available to allocate funding to less than five years rather than the normal seven. During 2010 and 2011 it became evident that a significant number of Local Development Companies (LDCs) who were contracted to deliver the Programme were not committing funds at the level required to ensure that all the funding would be allocated by the December 2013 deadline in line with EU Regulations. Similarly it became clear that a number of LDCs were more than capable of allocating additional funding if it was made available.
In this regard, in January 2012 my Department notified all LDCs that the original LDC allocations awarded in 2009 were no longer valid and that the Programme was being opened up on a ‘first-come first served’ basis to all LDCs in order to ensure that all the available funding would be allocated to eligible projects within the timeframe allowed. All LDCs were encouraged to maximise the opportunity this created for them. Some companies availed of this more than others.
During 2011, the European Commission approved a change in the maximum co-funding rate from 55% to 85% for the LEADER elements of Ireland’s RDP but only for expenditure incurred in 2012 and 2013. This had the effect of reducing the available funding under the Programme from €427 million to an estimated €370 million which is a 13% reduction.
In addition in late 2012 and early 2013 after repeated requests from many LDCs I agreed to allow significant additional programme funds to be assigned to the Basic Services Measure, over €19 million in total.
In January 2013 in light of all the changes to the Programme outlined above it became necessary to carry out a comprehensive review of the level of commitments and expenditure across the various measures of the Programme in order to apportion the remaining funds among the LDCs taking into account the level of commitments already entered into.
As a first step I released €42 million worth of projects which had been approved by the Boards of the LDCs asking them to progress projects that were in a position to proceed. Unfortunately only €25.5 million in that category had all the necessary approvals in place to proceed to contract.
Using an estimated final programme allocation of €370 million the total spend to date and outstanding commitments (commitments that were under contractual arrangements) under the Programme were established and deducted from the €370m. €6 million was provided for the former MFG legacy files, new Gaeltacht projects and associated administration costs. Funding was also provided for projects that were greater than €150,000 in value that had been submitted to my Department for assessment. The original percentage of the Programme which was awarded to each LDC in 2009 was then applied to apportion the remaining funding among all LDCs. Where an LDC would receive less than 80% of its original allocation (bearing in mind that the overall Programme complement has been reduced by approximately 13%) an adjustment was made to maintain the revised allocation at 80% of the original.
If my Department had not adjusted the allocations to ensure that all LDCs received at least 80% of their original allocation a number of companies would have experienced higher reductions and in that context the allocations were calculated in the fairest possible manner.
Under the European Commission Regulations each LDC is permitted to spend up to a maximum of 20% of the total value of its expenditure on administration costs. My Department has requested that the LDCs should aim to reduce costs where possible in order to spend less than the 20% thereby making more funding available to projects. LDCs have been asked to submit a plan profiling their estimated administration and project expenditure for the Programme as a whole by mid June 2013.
Table 1 below sets out the original allocation, the revised allocation, the increase/decrease and the percentage difference.
Table 2 below shows the total commitments and expenditure by measure at 16 May 2013.
Table 3 below shows the total project payments at 16 May 2013 and total administration/animation claimed by the LDCs up to May 2013. My Department does not have exact figures for the number of projects awaiting approval in each county but the value of these per LDC is detailed.
Table 1
|
Local Development Company |
Original Allocation |
Revised RDP Allocation |
Difference |
Percentage Increase/ Decrease |
|
Avondhu/ Blackwater Partnership Limited |
€9,057,810 |
€7,251,112 |
-€1,806,698 |
-20% |
|
Ballyhoura Development Limited |
€11,673,519 |
€18,502,053 |
€6,828,534 |
58% |
|
Carlow County Development Partnership Limited |
€8,878,177 |
€7,444,015 |
-€1,434,162 |
-16% |
|
Cavan Partnership Ltd. & County Monaghan Area Part. |
€12,035,118 |
€9,923,866 |
-€2,111,252 |
-18% |
|
Clare Local Development Company Limited |
€14,028,529 |
€16,175,841 |
€2,147,312 |
15% |
|
Comhar na nOileáin Teoranta |
€4,624,415 |
€6,825,171 |
€2, 182 ,756 |
48% |
|
Donegal Local Development Company Limited |
€12,831,901 |
€12,775,727 |
-€56,174 |
0% |
|
Fingal LEADER Partnership |
€7,766,780 |
€6,217,667 |
-€1,549,113 |
-20% |
|
FORUM Connemara |
€9,668,965 |
€7,734,929 |
-€1,934,036 |
-20% |
|
Galway Rural Development Company Limited |
€15,257,985 |
€12,211,887 |
-€3,046,098 |
-20% |
|
Inishowen Development Partnership |
€8,286,143 |
€7,410,663 |
-€875,480 |
-11% |
|
I.R.D. Duhallow |
€10,315,943 |
€12,839,050 |
€2,523,107 |
24% |
|
Kildare (Cill Dara ar Aghaidh Teoranta) |
€12,282,448 |
€10,642,073 |
-€1,640,375 |
-13% |
|
County Kilkenny LEADER Partnership Limited |
€11,523,729 |
€13,319,465 |
€1,795,736 |
16% |
|
Laois Community & Enterprise Development Company |
€10,993,608 |
€9,465,731 |
-€1,527,877 |
-14% |
|
Leitrim Integrated Development Company |
€10,845,497 |
€10,257,659 |
-€587,838 |
-5% |
|
Longford Community Resources Limited |
€8,714,110 |
€7,026,574 |
-€1,687,536 |
-19% |
|
Louth LEADER Partnership |
€8,839,815 |
€7,075,178 |
-€1,764,637 |
-20% |
|
Mayo North East LEADER Partnership Company |
€10,751,894 |
€9,535,062 |
-€1,216,832 |
-11% |
|
Meath Partnership |
€12,748,771 |
€15,051,583 |
€2,302,812 |
18% |
|
North & East Kerry LEADER Partnership Teoranta |
€10,558,882 |
€8,937,452 |
-€1,621,430 |
-15% |
|
North Tipperary LEADER Partnership Company |
€9,708,008 |
€12,917,884 |
€3,209,876 |
33% |
|
Offaly Integrated Local Development Company |
€11,520,489 |
€10,828,856 |
-€691,633 |
-6% |
|
Roscommon Integrated Development Company |
€12,838,021 |
€11,230,957 |
-€1,607,064 |
-13% |
|
County Sligo LEADER Partnership Company |
€10,888,673 |
€9,788,645 |
-€1,100,028 |
-10% |
|
South East Cork Area Development Limited |
€10,641,494 |
€10,532,187 |
-€109,307 |
-1% |
|
South Kerry Development Partnership Limited |
€12,370,667 |
€9,998,740 |
-€2,371,927 |
-19% |
|
South Tipperary Local Development Company Limited |
€11,106,187 |
€12,405,282 |
€1,299,095 |
12% |
|
South West Mayo Development Company Limited |
€12,150,007 |
€10,361,827 |
-€1,788,180 |
-15% |
|
Waterford LEADER Partnership Limited |
€10,558,519 |
€11,177,988 |
€619,469 |
6% |
|
West Cork Development Partnership |
€14,601,149 |
€12,465,076 |
-€2,136,073 |
-15% |
|
West Limerick Resources |
€9,997,751 |
€9,007,256 |
-€990,495 |
-10% |
|
Westmeath Community Development |
€10,987,060 |
€8,798,346 |
-€2,188,714 |
-20% |
|
Wexford Local Development |
€12,515,565 |
€11,583,749 |
-€931,816 |
-7% |
|
Wicklow Partnership |
€11,135,560 |
€8,908,698 |
-€2,226,862 |
-20% |
Table 2
|
Measure |
Total Public Commitment (€) |
Total Paid (€) |
Outstanding Commitments |
|
Basic Services for the Economy and Rural Population |
51,170,182.68 |
32,517,849.83 |
18,652,332.85 |
|
Support for Business Creation and Development |
33,373,073.54 |
16,729,509.18 |
16,643,564.36 |
|
Conservation and Upgrading of the Rural Heritage |
22,298,692.98 |
13,387,479.64 |
8,911,213.34 |
|
Implementing Co-Operation Projects |
5,082,695.46 |
2,209,022.15 |
2,873,673.31 |
|
Diversification Into Non-Agricultural Activities |
9,455,618.15 |
4,694,927.64 |
4,760,690.51 |
|
Measure 123 - Food Products
|
932,406.36 |
102,293.65 |
830,112.71 |
|
Skills Acquisition and Animation |
7,984,455.06 |
3,655,078.54 |
4,329,376.52 |
|
Encouragement of Tourism Activities |
34,925,468.94 |
19,351,596.50 |
15,573,872.44 |
|
Training and Information |
18,625,945.81 |
10,818,304.87 |
7,807,640.94 |
|
Village and Countryside Renewal And Development |
43,430,399.58 |
22,732,374.77 |
20,698,024.81 |
|
227,278,938.56 |
126,198,436.77 |
101,080,501.79 |
|
LAG |
Administration/ Animation |
Total Project Payments |
Outstanding Commitments |
Unapproved Project Applications
|
|
Avondhu/ Blackwater Partnership Limited |
1,264,875 |
3,528,823 |
687,858 |
701,055.40 |
|
Ballyhoura Development Limited |
2,104,858 |
5,797,832 |
8,591,499 |
3,296,082.52
|
|
Carlow County Development Partnership Limited |
1,329,953 |
2,855,211 |
1,764,530 |
5,394,591.86 |
|
Cavan Partnership Ltd. & County Monaghan Area Partnership |
1,636,029 |
3,159,211 |
3,237,804 |
5,378,423.73 |
|
Clare Local Development Company Limited |
2,052,705 |
5,605,411 |
5,580,527 |
2,119,626.00 |
|
Comhar na nOileáin Teoranta |
901,696 |
1,902,511 |
1,117,154 |
9,551,066.19 |
|
Donegal Local Development Company Limited |
1,860,801 |
4,470,594 |
2,552,389 |
6,051,101.40 |
|
Fingal LEADER Partnership |
924,558 |
848,526 |
1,389,000 |
4,559,229.75 |
|
FORUM Connemara |
1,069,920 |
2,028,894 |
762,039 |
4,951,184.12 |
|
Galway Rural Development Company Limited |
1,737,777 |
4,756,782 |
2,827,281 |
5,568,729.75 |
|
Inishowen Development Partnership |
1,044,744 |
3,587,865 |
1,383,380 |
671,790.46 |
|
I.R.D. Duhallow |
1,482,010 |
4,200,966 |
5,419,756 |
3,000,613.00 |
|
Kildare (Cill Dara ar Aghaidh Teoranta) |
1,785,905 |
2,267,719 |
3,408,240 |
8,937,817.24 |
|
County Kilkenny LEADER Partnership Limited |
1,719,346 |
4,268,023 |
2,842,795 |
9,111,722.32 |
|
Laois Community & Enterprise Development Company Limited |
1,256,857 |
2,955,956 |
3,402,539 |
2,590,913.00 |
|
Leitrim Integrated Development Company |
1,484,819 |
3,469,067 |
3,101,683 |
3,973,390.99 |
|
Longford Community Resources Limited |
1,042,002 |
2,634,263 |
1,883,602 |
3,806,306.04 |
|
Louth LEADER Partnership |
1,235,852 |
2,294,140 |
968,321 |
3 , 715 , 859.17 |
|
Mayo North East LEADER Partnership Company Teoranta |
1,363,383 |
2,809,326 |
1,209,998 |
939,450.59 |
|
Meath Partnership |
2,005,521 |
3,419,317 |
6,638,061 |
4,943,007.27 |
|
North & East Kerry LEADER Partnership Teoranta |
1,520,904 |
2,962,894 |
1,883,262 |
2,648,342.04 |
|
North Tipperary LEADER Partnership Company |
1,321,176 |
4,817,914 |
4,537,131 |
3,694,902.46 |
|
Offaly Integrated Local Development Company |
1,429,446 |
4,167,731 |
3,292,619 |
3,059,511.82 |
|
Roscommon Integrated Development Company |
1,771,749 |
3,505,505 |
3,440,078 |
6,303,815.40 |
|
County Sligo LEADER Partnership Company |
1,346,434 |
4,570,222 |
2,039,273 |
5,216,792.14 |
|
South East Cork Area Development Limited |
1,423,547 |
3,592,134 |
2,395,392 |
6,775,148.78 |
|
South Kerry Development Partnership Limited |
1,861,505 |
2,776,881 |
2,219,256 |
4,266,727.82 |
|
South Tipperary Local Development Company Limited |
1,391,293 |
4,878,232 |
4,266,429 |
6,621,244.30 |
|
South West Mayo Development Company Limited |
1,714,153 |
4,288,803 |
1,075,833 |
7,286,410.34 |
|
Waterford LEADER Partnership Limited |
1,553,977 |
4,365,454 |
2,636,628 |
4,311,287.08 |
|
West Cork Development Partnership |
2,058,033 |
4,664,843 |
2,898,225 |
12,086,048.87 |
|
West Limerick Resources |
1,492,992 |
3,017,405 |
2,417,784 |
3,053,224.98 |
|
Westmeath Community Development |
1,451,951 |
2,293,616 |
1,881,693 |
3,835,806.91 |
|
Wexford Local Development |
1,519,607 |
4,875,460 |
3,082,137 |
2,884,071.72 |
|
Wicklow Partnership |
1,368,822 |
2,592,862 |
2,044,743 |
3,467,267.00 |
|
€53,932,906 |
€126,198,437 |
€98,878,938 |
€164,772,562.50 |
560. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the amount of money that was spent on reports commissioned by his Department for 2010, 2011, 2012 and to date in 2013; the purpose of each report and the person commissioned to carry out the reports. [27178/13]
View answerInformation on reports commissioned by my Department is set out in the following table. The expenditure shown relates to the current configuration of my Department (i.e. Heritage reports are excluded and Community reports are included from 2010).
|
Consultant/Author |
Description of Report |
2010 Expenditure |
2011 Expenditure |
2012 Expenditure |
2013 (to date) Expenditure |
|
AECOM |
Cost Optimal study for non domestic buildings. |
€17,393 |
€26,792 |
||
|
BRE |
Study for assessing acceptable construction details to support TGD L Conservation of Fuel and Energy-Dwellings 2010. |
€103,836 |
|||
|
Building Research Establishment Ltd. |
Retrofitting Code of Practice. |
€21,191 |
|||
|
Napier University Ventures Ltd. |
Sound Insulation Research to inform the drafting of Part E (Sound) of the Building Regulations. |
€7,851 |
€1,423 |
||
|
Pyrite Panel |
Report of the Pyrite Panel - Independent report to provide options for the Minister to deal with the pyrite problem. |
€21,470 |
|||
|
Mr. David Lovegrove |
Annual Report of the Dormant Accounts Board. |
€25,557 |
€12,181 |
€10,174 |
€1,588 |
|
Pembroke Communications |
Advise on, and assist tendering process for, Tidy Towns sponsorship. |
€4,560 |
|||
|
Fehilly Timoney & Company |
Bulky Waste Reuse Best Practice - Feasibility Study. |
€41,514 |
|||
|
Methanogen |
Crop Demo Trials to demonstrate the use of composted and anaerobic digested BMW on crops. |
€50,788 |
€92,607 |
€15,263 |
|
|
Poyry Forest Industry Consulting |
Recovered Paper Market in Ireland and Recovered Paper Quality Best Practice Studies. |
€85,003 |
|||
|
RPS |
Compost Quality Standard IS441 (NSAI). |
€10,000 |
|||
|
SKM Enviros |
Irish Recycled Plastic Waste Arisings Study. |
€37,566 |
|||
|
RPS |
Review of the Producer Responsibility Model in Ireland. |
€211,458 |
|||
|
RPS |
All Island Used Tyre Survey. |
€17,673 |
|||
|
Egan, Fitzpatrick, Malsch & Lawrence |
Probabilistic Risk Assessment (PRA) report of the risks from Sellafield to Ireland and Irish interests. |
€884,738 |
€1,395,077 |
€1,526,250 |
|
|
Mazars |
Systems audit of the RDP. |
€49,414 |
|||
|
DTZ Sherry Fitzgerald |
Negotiation of the conclusion of lease arrangements for the storage of electronic voting machines. |
€5,566 |
€2,783 |
||
|
DKM Consultants Ltd |
Construction research reports. |
€81,319 |
|||
|
DKM Economic Consultants |
Review of Part V of the Planning and Development Act 2000 |
€39,690 |
|||
|
Indecon |
Feasibility study on a Tenancy Deposit Protection Scheme. |
€42,706 |
|||
|
Version 1 |
Evaluation of ICT Disaster Recovery configuration and capability. |
€9,363 |
|||
|
SQW Limited |
Feasibility study to inform the design of a main stage National Evaluation of the Local and Community Development Programmes. |
€33,001 |
€77,000 |
||
|
Economic and Social Research Institute (ESRI) |
Analysis of Property Tax Options - A report to the Interdepartmental Expert Group on Property Tax. |
€60,280 |
|||
|
Barrow Archaeological Services |
Archaelogical report on Met Éireann site at Valentia. |
€2,662 |
€1,210 |
||
|
Flynn Furney Consultants Ltd |
Environmental Management Services re: review of CEMP at Valentia Site. |
€3,167 |
|||
|
Glas Ecology |
Environment Management Plan. |
€4,920 |
|||
|
M.I. Safety & Training Services |
Method safety statement. |
€350 |
|||
|
Malachy Walsh & Partners |
Environmental and engineering advice, EIS screening report and planning submission for site at Valentia. |
€6,655 |
€17,378 |
€2,153 |
|
|
Munster Archaeology |
Report on archaeological investigation/survey of Met Éireann site at Valentia. |
€24,258 |
€23,031 |
||
|
National Standards Authority Ireland (NSAI) |
Report of Surveillance Audit on IS EN ISO 2012. |
€2,662 |
€3,993 |
€2,706 |
|
|
Zenith Land Surveys |
Land survey at Valentia. |
€2,420 |
|||
|
ARUP Consulting Engineers |
Study in respect of provision of fire detection and alarm systems in dwellings. |
|
€12,100.00 |
€17,835.00 |
|
|
Farrell Grant Sparks |
DDDA options paper on Becbay joint venture. |
€17,407 |
|||
|
Mr. Seamus Woulfe SC |
Review of the management by the Department of an application by Wicklow County Council for loan approval in respect of the compulsory purchase of land at Charlesland, Co. Wicklow - Phase 1. |
€19,680 |
|||
|
Mr. Seamus Woulfe SC |
Review of the compulsory acquisition of land by Wicklow County Council at Charlesland, Co. Wicklow - Phase 2. |
€49,200 |
|||
|
Murtagh & Partners |
Review of Dublin Region Homelessness Services and Funding 2011. |
€27,800 |
|||
|
Mr Hendrik W van der Kamp |
Independent Evaluation of the Planning Review Report 2012. |
€12,096 |
|||
|
Dr. Eoin O'Sullivan, Trinity College Dublin |
Review of the Homeless Strategy 2008-2013 |
€6,000 |
|||
|
ECU Ltd |
Specialist economic advice in respect of project agreement entered into by Dublin City Council. |
€3,781 |
|||
|
Eunomia Research & Consulting |
International review of waste management policy. |
€82,087 |
|||
|
Eunomia Research & Consulting |
Opinion on competition aspects of Dublin waste to energy contract. |
€2,178 |
|||
|
RPS |
Provision of expertise concerning Strategic Environmental Assessment and Appropriate Assessment techniques for the evaluation and revision of Regional Waste Management Plans. |
€45,223 |
|||
|
Tobin Consulting Engineers |
National Litter Pollution Monitoring System Report. |
€64,226 |
€68,822 |
€57,180 |
€29,136 |
|
White Young Green |
Ambient Air Monitoring in the vicinity of the former steelworks site, Haulbowline, Cork. |
€13,010 |
€13,005 |
||
|
White Young Green |
Environmental and geotechnical assessment at former Irish Ispat site at Haulbowline, Cork. |
€107,833 |
|||
|
Indecon |
Regulatory Impact Analysis of proposed regulations for household food waste. |
€24,725 |
|||
|
Mr. John Hennessy SC |
Review of the contract for the proposed incinerator at Poolbeg. |
€54,540 |
|||
|
Price Waterhouse Coopers |
Consultancy services on establishment of National Water Utility. |
€59,290 |
€120,294 |
||
|
Economic and Social Research Institute (ESRI) |
Affordability aspects of the provision of water services in Ireland. |
€51,798 |
561. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if he has considered introducing measures to provide persons who have sites in caravan parks to acquire legal rights, proprietorial or otherwise following a number of years of unbroken payments for the site. [27192/13]
View answer562. Deputy Gerry Adams asked the Minister for the Environment, Community and Local Government if persons who have sites on caravan parks over a number of years have any fixity of tenure, mechanisms to appeal rents or the ability to assign rights. [27193/13]
View answerI propose to take Questions Nos. 561 and 562 together.
The Residential Tenancies Acts 2004 and 2009 apply to every dwelling that is the subject of a tenancy. The definition of “dwelling” in section 4(1) of the Residential Tenancies Act 2004 excludes a structure that is not permanently attached to the ground and a vessel and a vehicle (whether mobile or not). In addition, section 3 of the Act provides that the Act does not apply to dwellings let to a person whose entitlement to occupation is for the purpose of a holiday only. I have no plans to amend the Residential Tenancies Acts in this regard.
I have no function with regard to private commercial agreements between caravan dwellers and the land owners of sites on which such caravans are placed.
563. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the terms of reference and the timescale in relation to the comprehensive review of the guidelines for Wind Energy Development which is being undertaken in conjunction with the Department of Communications, Energy and Natural Resources; and if he will make a statement on the matter. [27237/13]
View answer590. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government the mechanism in place, and the associated timing for the communities of the midlands to participate in the decision-making regarding the current 8,000MW industrial windfarm developments (details supplied). [27004/13]
View answer591. Deputy Robert Troy asked the Minister for the Environment, Community and Local Government in view of the fact that two companies (details supplied) propose to place initially 1150 industrial wind turbines across the midlands over the next three years, his specific process or mechanism for assessing the impact on human beings, material assets and landscape. [27005/13]
View answerI propose to take Questions Nos. 563, 590 and 591 together.
The Wind Energy Development Guidelines, which were published by my Department on 29 June 2006, provide advice to planning authorities on catering for wind energy through the development plan process. The guidelines are also intended to ensure a consistency of approach throughout the country in the identification of suitable locations for wind energy development and the treatment of planning applications for such developments. This mapping of suitable locations is carried out through the development plan process which makes extensive statutory provision for public consultation. Planning legislation provides for extensive public notification of proposed development at the development management stage. For example, article 17 of the Planning and Development Regulations 2001 – 2010 requires an applicant to erect a site notice in order to lodge a valid application for planning permission. Article 19 of the Regulations requires that this notice must be placed in a conspicuous position on or near the main entrance from a public road to the land or structure concerned, so as to be easily visible and legible by persons using the public road. Alternatively, if the land or structure does not adjoin a public road, the site notice should be placed so as to be easily visible and legible by persons outside the land or structure.
The site notice must contain the date on which the site notice is erected and state that the planning application may be inspected or purchased at the offices of the planning authority and that a submission or observation in relation to the application may be made to the authority in writing, on payment of the prescribed fee, within the 5 weeks beginning on the date of receipt by the planning authority of the application. The applicant must erect the site notice no sooner than 2 weeks before making the application for permission in order to facilitate third party inspection of the application. Where it appears to a planning authority that any notice does not comply with these requirements they may require the applicant to give further notice and evidence in relation to compliance with such a requirement. Article 18 of the Planning and Development Regulations 2006 also provides that a notice be published in a newspaper approved for this purpose. Each planning authority must decide which newspapers should be included on their approved list of newspapers in order to ensure that the newspapers used for the purpose of such notices have a sufficiently large circulation in its functional area. In addition the planning authority must, under section 34(3) of the Planning and Development Act 2000, have regard to any observations or submissions received concerning the proposed development in accordance with the relevant regulations.
Furthermore, any person who makes a submission to the planning authority may appeal the decision of the planning authority to An Bord Pleanála. The Board in some instances, at its own discretion, holds oral hearings in relation to cases being considered by it, further adding to the opportunities to participate in the decision-making process.
The EIA Directive, Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment as amended by Council Directive 97/11/EC of 3 March 1997, Directive 2003/35/EC of 26 May 2003 and Directive 2009/31/EC of 23 April 2009, now codified in Directive 2011/92/EU of 13 December 2011, is designed to ensure that projects likely to have significant effects on the environment are subject to a comprehensive assessment of environmental effects prior to development consent being given. EIA provisions in relation to planning consents, including for wind energy developments that come within the scope of the Directive, are currently contained in the Planning and Development Act, 2000, as amended, (Part X), and in Part 10 of the Planning and Development Regulations, 2001, as amended.
An EIA must identify, describe and assess the effects of a proposed development on various factors, including, inter alia:
- human beings, fauna and flora;
- soil, water, air, climate and the landscape; and,
- material assets and the cultural heritage.
The Directive further requires that EIA be carried out in an open and transparent manner with the public and bodies with specific environmental responsibility being given an opportunity to comment and participate in the process of assessment. The public concerned and persons with sufficient interest must also be given an opportunity to challenge the substantive and procedural legality of the final decision.
I am – in conjunction with the Minister for Communications, Energy and Natural Resources and other stakeholders - undertaking a targeted review of certain aspects of the Wind Energy Guidelines 2006 in order to ensure that Ireland continues to meet its renewable energy targets and, at the same time, that wind energy does not have negative impacts on local communities. This focused review is examining the manner in which the Guidelines address key issues of community concern such as noise, proximity and visual amenity and any other potential impacts, as considered appropriate, as well as ways of building community support for wind energy development. All statutory planning guidelines issue first in draft form for a public consultation over a period of a couple of months. Once the consultation period is closed the submissions received on the draft guidelines are considered and taken into account in the final form of the guidelines. The draft guidelines will – like all other new or revised guidelines – go out for extensive public consultation for a period of 6 weeks to 2 months. The indicative timetable for the publication of the draft guidelines is Quarter 4 2013.
566. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will outline his timetable for the review of the nitrates directive; if he will replace calendar restrictions on the spreading of slurry with a system based on weather and soil conditions which could be coordinated between the Met Service and Teagasc; if he will ensure that the definition of soiled water is in line with that of other EU states; and if he will make a statement on the matter. [27285/13]
View answerIn accordance with the Nitrates Directive, Ireland’s Nitrates Action Programme is due for review this year and this is currently under way. As part of the review a public consultation process has been initiated and will close on 12 June 2013. All submissions received on foot of this consultation will be given full consideration by myself and my colleague the Minister for Agriculture, Food and the Marine. It is intended that the review process, including legislative amendments if any, will be completed before the end of this year. It would be inappropriate to anticipate any outcomes of the review process in advance of its conclusion.
However, it should be noted that set closed periods for the spreading of fertilisers, including slurry, are a mandatory requirement of the Nitrates Directive. The purpose of closed periods is to protect ground and surface water bodies, including drinking water sources, by prohibiting the application of fertilisers when such application poses an unacceptable risk to water courses. Good agricultural practice involves the application of fertilisers as early as practicable in the growing season in order to maximise the uptake of nutrients by crops and to minimise pollution to water.
567. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will set out in detail the process through which a company such as Saorgus would establish an offshore wind farm in the foreshore as is currently proposed for the Kish Bank, including all the licencing, leasing, environmental requirements and also detailing the different areas of responsibility covered by his Department and other Government Departments. [26652/13]
View answer568. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government if he will provide details of the foreshore licence that Saorgus currently holds in the area of the Kish Bank; when it was granted; and the nature of the public consultation process surrounding that grant. [26653/13]
View answerI propose to take Questions Nos. 567 and 568 together.
In August 2000, the Minister for the Marine and Natural Resources granted foreshore licences to ‘The Kish Consortium’ to assess the suitability of a site on the Kish and Bray Banks for the construction of an offshore electricity generating station. The licences were valid from 2 April 2001 for 4 years and allowed the company to carry out investigations into seabed sediment, as well as measuring wave, tide, current and silt load. The application for the licences had been the subject of consultation with statutory bodies and the public in early 2000 prior to the decision to grant the licences.
In order to construct a windfarm on the foreshore, a lease under the Foreshore Act is required, as well as consents from the Commission for Energy Regulation (a Licence to Generate Electricity and an Authorisation to Construct a Generating Station). Planning permission in respect of any land-based infrastructure associated with the development is also necessary. An application for a foreshore lease for the construction of a windfarm with more than 5 turbines or having a total output greater than 5 MW must be accompanied by an Environmental Impact Statement and where required a Natura Impact Statement.
The Kish Consortium, now operating as the Kish Offshore Wind Ltd. and Bray Offshore Wind Ltd., both part-owned by Saorgus Energy Ltd., lodged an application for a foreshore lease to develop a windfarm on the Kish and Bray Banks with my Department in 2009. These banks are approximately 10km from the Dublin and Wicklow coasts. The company recently published an Environmental Impact Statement (EIS) in respect of the proposal. A public consultation process is currently on-going. However, this application will not be assessed by my Department or the Marine Licence Vetting Committee until the Offshore Renewable Energy Development Plan (OREDP) has been published.
The assessment that will be carried out by my Department will have regard to the information contained in the application, the EIS, the OREDP and the associated Strategic Environmental Assessment and Appropriate Assessment.
In carrying out an assessment of an application of this nature, my Department is also required to consider submissions or observations made by the public and the bodies prescribed following a consultation period of 8 weeks duration.
If granted, the terms of a Foreshore lease for an offshore wind project will address such matters as environmental standards, construction methodology, good management of the facility, fees payable as well as standard legal clauses regarding issues such as warranties, insurance and indemnities.
569. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if a budget has been allocated by his Department to Donegal County Council for the Dungloe Glenties DBO scheme; the specific date that the works for this scheme will commence on site; and if he will make a statement on the matter. [26659/13]
View answerThe Dungloe and Glenties Sewerage Schemes, which are to advance jointly, are included in the Water Services Investment Programme 2010 - 2013 as a scheme to start during the lifetime of the programme. Donegal County Council has sought tenders for the contract and is assessing the tenders received. When this assessment is completed the Council will advise my Department and seek confirmation that funding is available to allow work commence.
570. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 341 on 5 March 2013 and No. 503 on 17 July 2012, if he has considered the preliminary report submitted by Donegal County Council for the Falcarragh sewerage scheme; his views on whether this scheme will be progressed through planning in 2013; and if he will make a statement on the matter. [26660/13]
View answerThe Falcarragh Sewerage Scheme is included in my Department’s Water Services Investment Programme 2010 – 2013 as a scheme to advance through planning. Donegal County Council’s Preliminary Report for this scheme is under examination in my Department and a response will issue to the Council before the end of this month.
571. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if his Department has now issued full approval of the contract documents for the Donegal Group B sewerage schemes; the amount of funding that has been made available by his Department for the progression of these schemes in 2013; and if he will make a statement on the matter. [26661/13]
View answerThe Donegal (Group B) Wastewater Treatment Plants contract is included in my Department’s Water Services Investment Programme 2010-2013 as a contract to start during the life of the programme. Donegal County Council’s Contract Documents for the work are under examination in my Department and a decision will be made as soon as possible.
572. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he will provide an update on the Ballyshannon water supply scheme, County Donegal; if this scheme has now received full approval from his Department; if appropriate funding has been allocated to progress the scheme in 2013; when he expects works to commence on site; and if he will make a statement on the matter. [26662/13]
View answerThe Ballyshannon/Rossnowlagh Regional Water Supply Scheme is included in my Department’s Water Services Investment Programme 2010 – 2013 as a scheme to start during the lifetime of the programme. My Department is awaiting the submission by Donegal County Council of Contract Documents for the scheme. I understand that the Council is reviewing the proposed treatment requirements in the context of the provision of water supplies to serve the West Donegal region.
573. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if his attention has been drawn to the fact that rental accommodation scheme currently costing Dublin City Council €1.5 million a year above Department funding to administer; his views on whether this is sustainable; and if he is aware of any other local authorities running at a deficit due to RAS. [26677/13]
View answerFunding for the Rental Accommodation Scheme (RAS) is provided by a transfer of monies from the Department of Social Protection’s Vote to the Vote of my Department. Monies are provided on an Exchequer neutral basis to meet the costs of persons transferring from the Supplementary Welfare Allowance Rent Supplement Scheme to the RAS, including an amount for the administration of the Scheme. The amount allocated for 2013 is €150 million, an increase of €15 million from 2012. The issue of local authorities incurring costs in excess of the overall amount provided in the annual transfer of monies from the Department of Social Protection does not therefore arise.
574. Deputy David Stanton asked the Minister for the Environment, Community and Local Government his policy in relation to housing services for those with autism and or autistic spectrum disorders; and if he will make a statement on the matter. [26768/13]
View answerThe Government’s National Housing Strategy for People with a Disability 2011-2016 sets out the broad framework for the delivery of housing supports for people with disabilities. The Strategy aims to support people with various disabilities to live more independently in their own homes rather than having to move into residential care, including by providing person centred community based housing solutions and ensuring mainstream assessment of individual housing need.
The Strategy is subject to a robust monitoring regime and the specific housing and related support needs of people with autism and autistic spectrum disorders will be kept under review in this regard.
