Written Answers Nos. 379 - 396
379. Deputy Jim Daly asked the Minister for the Environment, Community and Local Government if he will clarify if payment of the principal owing on the non-principal private residence charge will result in no further accruals of penalties; and if he will make a statement on the matter. [33151/13]
View answerThe Local Government (Charges) Act 2009, as amended, broadened the revenue base of local authorities by introducing a charge on non-principal private residences. The Charge is set at €200 and liability for it falls, in the main, on owners of rental, holiday and vacant properties. Section 6 of the 2009 Act, as amended, provides that the owner of a liable property who fails to pay the Charge is, in addition to his or her being liable to pay the Charge, liable to pay to the relevant local authority a €20 late payment fee in respect of each month or part of a month in which the Charge, any late payment fee, or any part of such Charge or fee, remains unpaid.
Under the Act, it is a function of a local authority to collect Non-principal Private Residence Charges and late payment fees due to it and all Charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned. In this regard, application of the legislation in particular circumstances is a matter for the relevant local authority. Interpretation of the legislation is a matter for legal advice in individual cases and ultimately a matter for the Courts. I have issued guidelines to local authorities in relation to the operation of the “care and management” provisions of the legislation in instances in which genuine hardship in having to discharge a liability in a single payment can be demonstrated. In such cases, local authorities may enter into payment arrangements for the discharge of outstanding liabilities in instalments over a specified period.
380. Deputy John O'Mahony asked the Minister for the Environment, Community and Local Government when a decision will be made on an application (details supplied) for LEADER funding; and if he will make a statement on the matter. [33160/13]
View answerMayo North East Leader Partnership (MNELP) is the Local Action Group contracted by my Department to deliver both the Rural Development Programme (RDP) to the North Mayo area including the area of Brackloon in Co Mayo. My Department has been in contact with MNELP and I understand that no formal application has been received from the group in question and that the project is still at the expression of interest stage. Once a formal application is submitted MNELP will be in a position to assess the application.
382. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the funding his Department allocated for a particular site refurbishment (details supplied) in County Wicklow during 2013; the amount of this funding that has been drawn down to date and by whom; and if he will make a statement on the matter. [33167/13]
View answer383. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the applications or expressions of interest he has received for the provision of services at a particular housing site (details supplied) in County Wicklow; if any of these approaches has involved the provision of funding from his Department; the amount of funding set aside for 2013 for the provision of services at the said site; and if he will make a statement on the matter. [33168/13]
View answerI propose to take Questions Nos. 382 and 383 together.
Under my Department’s Social Housing Investment Programme, funding is provided to local authorities for the construction or acquisition and refurbishment of dwellings to meet social housing need. On 1 March, I announced details of the capital allocations to local authorities in respect of the Social Housing Investment Programme for 2013. The allocation to Wicklow County Council included some €306,495 in respect of the project in question. So far, none of this allocation has been drawn down by the Council. No funding under Section 10 of the Housing Act 1988 has been approved or agreed by my Department for the operation of a homeless service at this location.
384. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his plans to publish legislation empowering local authorities to take housing estates in charge after three years if there are no significant financial implications; and if he will make a statement on the matter. [33175/13]
View answerSection 180 of the Planning and Development Act, 2000 applies to estates which have been granted planning permission and includes the construction of two or more houses (which as defined in the Act includes apartments) and the provision of new roads, open spaces, car parks, sewers, watermains or drains. In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the permission, section 180 provides that the planning authority must if requested to do so by the developer or by the majority of the qualified electors who are owners of the houses involved, initiate the procedures in section 11 of the Roads Act 1993 for declaring the road(s) to be public roads, for whose maintenance the local authority will then be responsible. Section 11 of the Roads Act empowers a local authority, by order, to declare any road over which a public right of way exists to be a public road. Before making an order the local authority must be satisfied the road is of general public utility, consider the financial implications of taking the road in charge and consult with the public/consider any objections received. The consideration of the objections and the making of the order declaring the road to be a public road is a reserved function, so that the decision whether to take the road in charge is ultimately one for the discretion of the elected members. In relation to estates which have not been completed to the satisfaction of the planning authority, and enforcement proceedings have not been commenced within the relevant period, section 180 also provides that the planning authority must, if requested to do so by the majority of the owners, initiate the procedures in section 11 of the Roads Act. However, in this case the section provides that the provision in section 11 of the Roads Act requiring the authority to consider the financial implications of taking the road in charge is to be disregarded. Section 180 also provides that where a planning authority, in complying with section 180, makes an order under section 11 of the Roads Act, it must also take in charge any open spaces, car parks, sewers, watermains, or drains within the attendant grounds of the development. Section 180 was amended in the Planning and Development (Amendment) Act 2010 to provide that a planning authority may take in charge an unfinished estate, at the request of the owners of the housing units, at any time after the expiration of the planning permission, in situations where enforcement actions have commenced or where the planning authority consider that enforcement action will not result in the satisfactory completion of the estate by the developer. Planning authorities have also been empowered to take in charge part of an estate or some, but not all, of the facilities in an estate.
385. Deputy John Deasy asked the Minister for the Environment, Community and Local Government further to Questions Nos. 360 and 361 of 20 March 2013, when the circular letter referred to in the reply will be issued to planning authorities, in view of the fact that a number of applications are in limbo due to the ambiguity surrounding the five year grant of permission time limit; and the clarification proposed in relation to sections 41 and 42 of the Planning and Development Act 2000. [33290/13]
View answerUnder section 41 of the Planning and Development Act 2000, as amended, the duration of a planning permission (referred to as “the appropriate period”) is the period specified in the permission, or 5 years, whichever is longer. Section 42 provides that an application to extend the duration of the appropriate period must be made prior to the expiration of that period. The decision of the High Court in the case of Patrick Browne and Kerry County Council referred to in Question No. 361 would appear to mean that all time limits and periods referred to in the Planning and Development Acts 2000 - 2012 are extended by 9 days: the period between 24 December and 1 January, both days inclusive. My Department is preparing a Circular Letter for issue in the coming weeks to planning authorities on this matter, and, in the context of further legislation, will consider whether the provisions of the Act require any clarification.
386. Deputy Michael McNamara asked the Minister for the Environment, Community and Local Government if he will apply to the appropriate national and European bodies to amend the rural development programme so that the Irish Landmark Trust and other organisations which similarly aim to promote culture and heritage conservation are no longer subjected to the de minimis rule when this is not required by Article 107(3)(d) of the Treaty on the Functioning of the European Union; and if he will make a statement on the matter. [33293/13]
View answerI refer to the reply to Question No. 173 of 3 July 2013.
There are 35 Local Action Groups contracted, on my Department’s behalf, to deliver the LEADER elements of the Rural Development Programme 2007-2013 (RDP) throughout the country and these groups are the principal decision-makers in relation to the allocation of project funding. Projects funded under the Conservation and Upgrading measure of the RDP are also subject to the EU State Aid framework and in accordance with the State Aid rules/‘de minimis’ (Commission Regulation (EC) No. 1998/2006) the overall limit of ‘de minimis’ aid cannot exceed €200,000 over any three year period under the Conservation and Upgrading of the Rural Heritage measure of the RDP. This applies to any promoter/organisation that applies for funding under the conservation measure of the RDP including the Irish Landmark Trust.
It is possible to seek derogation in relation to the Conservation and Upgrading of the Rural Heritage measure. However, the Programme amendment process, as stipulated in the regulatory framework, is quite complex and can take some time to complete with no guarantee that the amendment submitted would be approved by the European Commission. As funding commitments under the current Programme are closing at the end of the 2013 there would not be enough time remaining to facilitate the programme change process for the current programming period. My Department will consider this issue when developing the framework for the Rural Development Programme for the 2014-2020 programming period.
387. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the reason the Electoral, Local Government and Planning and Development Bill 2013, in Part 4, means the applications for inclusion in the supplement to the postal and special voters lists in advance of the 21st day before polling day at presidential, European, local elections or referendums can be included on the postal and special voters lists, but not for general elections or Dáil by-elections; if there is an explicit reason extending this period to allow more time for the receipt of applications for inclusion on postal and special voters lists has not been included for elections to Dáil Éireann; and if he will make a statement on the matter. [33299/13]
View answer388. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government the rationale for the decision to repeal the requirement in the Referendum Act 1994 for An Post to make copies of referendum Bills available for inspection and purchase by members of the public at post offices in the run-up to referendums, contained within the Electoral, Local Government and Planning and Development Bill 2013; the amount this mechanism has cost the State in each referendum between 2006 and to date in 2013; and if he will make a statement on the matter. [33304/13]
View answerI propose to take Questions Nos. 387 and 388 together.
These matters are dealt with in the Regulatory Impact Assessment that was published on my Department’s website* following the publication of the Electoral, Local Government and Planning and Development Bill 2013 on 27 June 2013.
*http://www.environ.ie/en/Legislation/LocalGovernment/Voting/FileDownLoad,33583,en.pdf.
389. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government bearing in mind the conditions set out in Circular 03/2009, Control and Monitoring of Local Authorities Contribution to the General Government Balance, the way in which moneys which had been put aside by town councils for a specific capital project within the town but which had not commenced once the councils have been abolished will be used; and if he will make a statement on the matter. [33315/13]
View answerIn February 2009, my Department set out details of the financial requirements for local authorities relating to their overall management of capital and current accounts. These requirements flow directly from the requirement for Government finances as a whole to be managed in accordance with the Stability and Growth Pact, established under the Maastricht Treaty, and the associated limitation on budget deficits. The local government sector must not impact negatively on the General Government Balance (GGB) in any one year. The downturn in the economy and substantial pressures on Government funding generally require a sharp focus in all sectors, including local government, to ensure effective control and management of public finances.
In order to stay within the overall GGB limit, it is necessary for local authorities to maintain both their current and capital accounts broadly in balance. The only restriction on local authorities is that, in aggregate, capital income equals capital expenditure in the year. Balance is only required at an overall level and this allows considerable scope for authorities to draw on their existing capital reserves as an element of their overall investment programme. The precise manner in which capital and current accounts are managed in order to achieve the overall balance necessary is a matter for individual local authorities. It is a matter for every local authority to determine its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources within the GGB limits as set out.
The Action Programme for Effective Local Government - Putting People First sets out Government decisions for a range of local government reform measures, including the decision to replace town councils with a new comprehensive model of municipal governance to strengthen local government within counties and address weaknesses and anomalies in the current system. Definitive details, arrangements and procedures in relation to the financial relations hips between district and county levels, will be developed in the context of the new local government funding arrangements generally, implementation of the new sub-county system and preparation of the legislation in relation to the reform programme.
390. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government the current status of progress towards implementing the recommendations outlined in the review of the Environmental Protection Agency report of May 2011 including statutory immunity and human health impacts; and if he will make a statement on the matter. [33322/13]
View answerThe Environmental Protection Agency (EPA) Review Implementation Plan was published on 31 January 2012 and is available on my Department’s website, www.environ.ie. The plan contains a list of 58 actions arising from the review, some of which are a matter for my Department and others which are the responsibility of the EPA and others.
In the plan, I prioritised a number of actions for implementation in 2012, with others to be considered over a longer period as they will require detailed consultation and possibly primary legislation. Details of the expected timeframes for the implementation of individual recommendations were set out in the implementation plan. Implementation of the majority of recommendations is progressing in a satisfactory manner. However, delays have arisen in some areas, particularly those requiring legal advice and/or legislative change. My Department and the Agency have continued to liaise on implementation and I expect to publish a review of progress made in the near future.
The review recommended that immunity from prosecution, as applicable to the EPA in carrying out its functions, be reconsidered. As set out in the implementation plan, I propose to consider this issue, which is likely to require primary legislation if it is decided to progress it, in the latter half of 2013. I note that the EPA is not the only Agency that currently has statutory immunity and it will be particularly important to examine the potential impact of any change in this provision on the ability of the EPA effectively to discharge its statutory functions. Specifically in regard to health impacts, the review recommended the establishment of an additional specialist Advisory Committee to address the interface between the environment and human health. I understand that the Agency has since established an EPA Health Advisory Committee including representation from the Health Service Executive, Health and Safety Authority and the Department of Health, among others.
391. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the reason there is a handling charge of €10 when a person tries to pay the non-principal private residence tax when such a handling charge does not apply for payment with cheque, postal order, debit or credit card; and if he will make a statement on the matter. [33328/13]
View answerSubsection 4 of section 5 of the Local Government (Charges) Act 2009, as amended, enabled the Minister for the Environment, Community and Local Government to prescribe a fee for the payment of a charge by a person attending at the offices of a local authority providing such payment services. Article 4 of the Local Government (Charges) Regulations 2011 prescribes the fee for the purposes of subsection 4 of section 5 of the 2009 Act as €10. The purpose of the fee is to meet the cost of providing such a service.
392. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on recent proposals by the Irish Postmasters' Union; if these proposals will be included in his list of priorities; and if he will make a statement on the matter. [33329/13]
View answerI refer to the reply to Question No. 526 of 2 July, 2013. Any proposal to provide additional payment channels for motor tax will be considered in the context of the outcome of the assessment to which I referred to in that reply.
393. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will indicate whether his Department has studied comprehensively the recent decision of An Bord Pleanála in the Straboy Wind Energy Limited application; the decision made therein; and in particular the comments which indicated that the wind energy guidelines are totally inadequate in respect of the issuance of guidance concerning noise generated by such turbines and they fail to comply with European law in relation to NEIA to assess the issue in the context of the impact on human beings and their failure to carry out the appropriate assessment in relation to the impact on lives and public health and the clear and fundamental failure to analyse sensitivity, actual health effects and the potential effects of infrasound and any necessity for greater constraint relevant to vulnerable receptors; if he will indicate the steps his Department is taking to address these serious shortcomings as outlined in the said decision; and if he will make a statement on the matter. [33342/13]
View answer394. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government if he will indicate the person who has been appointed to undertake the review of the wind energy guidelines 2006, which pertain to the erection of industrial wind turbines, and who would task the job of reviewing the submissions made in respect thereof in February 2013; if he will indicate when a draft review of the said guidelines will be published; and if he will make a statement on the matter. [33343/13]
View answerI propose to take Questions Nos. 393 and 394 together.
While, as Minister, I am specifically precluded under the Planning and Development Acts, as amended, from involvement in any particular matter with which a planning authority or the Board may be concerned, I am aware of the decision in this case and of the comments of the Board Inspector on the guidelines. My Department is studying the report and will consider it in the context of the on-going review of aspects of the Wind Energy Guidelines 2006. The Planning Section of my Department is carrying out this review in conjunction with the Department of Communications, Energy and Natural Resources 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. The 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.
