Written Answers Nos. 98-104
98. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the present status of the provision to allow the sale of local authority flats to their tenants as provided for in the Housing (Miscellaneous Provisions) Act 2009; the progress that has been made by local authorities in implementing the provisions of the Act; if it is planned to modify the Act in any way; and if he will make a statement on the matter. [51165/13]
View answerI have no proposals to make substantive amendments to Part 4 of the Housing (Miscellaneous Provisions) Act 2009 relating to the tenant purchase of local authority apartments, which, with the exception of section 64(9)(a), came into operation on 1 January 2012. I also made the Housing (Tenant Purchase of Apartments) Regulations 2011 under Part 4 of the 2009 Act, which came into operation on the same date. In the coming months I will prescribe the form of, and the terms and conditions to be specified in, the transfer orders and charging order for use by housing authorities in operating the new scheme. I will also be issuing to housing authorities models of the memorandum and articles of association for the management company to be established in each complex designated for tenant purchase and related guidance.
It is a matter for individual housing authorities to apply the new scheme in their own areas and my Department understands that some authorities have begun the process of identifying complexes in their housing stock that might be suit able for tenant purchase designation.
99. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if planning permission is needed for use of a playing pitch as a helicopter pad for a nearby hospital. [51187/13]
View answerWhere works – for example, the laying of concrete, asphalt. etc. - are required for the purpose of facilitating helicopters to land in a specific location, this is development for the purposes of the Planning and Development Act 2000, and is not exempted development. Accordingly planning permission is required. The question of whether the use of land for the take-off and landing of helicopters, without any associated works, is development in any particular case is a matter to be decided by the relevant planning authority in the first instance and by An Bord Pleanála in the event of a referral to the Board under section 5 of the Planning and Development Act 2000. The planning authority or Board will make its decision in any case on the basis of the facts pertaining, taking into account all relevant matters, for example the location of the landing area and the frequency of landings and take-offs.
100. Deputy Willie O'Dea asked the Minister for the Environment, Community and Local Government if he will make emergency funding available to North Tipperary County Council to purchase housing in the Ashbury development in Roscrea which is urgently required for the provision of social housing in the area; and if he will make a statement on the matter. [51209/13]
View answerThis year my Department has allocated in excess of €3 million to North Tipperary County Council in respect of the measures included in the Social Housing Investment Programme for 2013. This includes €273,000 for the purchase of houses in Nenagh and Roscrea. Having regard to the high level of commitments under the housing programme at this time my Department is not in a position to approve further funding for the purchase of houses in Ashbury, Roscrea.
101. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government If he will meet with County Kerry Oireachtas Members and members of Killarney Town Council at an early date to discuss the case Killarney has to make in respect of retaining its mayor from 2014 onwards; and if he will make a statement on the matter. [51211/13]
View answerI refer to the replies to Questions Nos. 141 of 21 November 2013 and 275 of 12 November 2013.
102. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding funding; and if he will make a statement on the matter. [51222/13]
View answerDuring 2011, the European Commission approved a change in the maximum co-funding rate from 55% to 85% in relation to LEADER. This had the effect of reducing the available funding under the Programme from €427 million to an estimated €370 million. It was therefore necessary to carry out a comprehensive review of the level of commitments and expenditure across the Programme in order to apportion the remaining funds among the Local Development Companies (LDCs), taking into account the level of commitments already entered into. The redistribution of funding was conducted in as fair and equitable a manner as was possible.
On 20 May 2013, North East Kerry Development (NEKD) were awarded a revised allocation of RDP funding of €8,937,452 which includes €483,183 ring-fenced for Gaeltacht areas. My Department is keeping the funding position under constant review. I expect that there will be a small amount of uncommitted LEADER Programme funding available for re-distribution to LDCs before year end; I will review the options available for distributing these funds and make allocations in the coming weeks.
103. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if he will provide full details of the service level agreements which have been undertaken between Irish Water and individual local authorities; the way these agreements will determine the funding to be provided to local authorities for the provision of water services in 2014 in each case; the amount expected to be required in each case; the dates on which such moneys will be transferred; and if he will make a statement on the matter. [51239/13]
View answerThe Water Services Act 2013 provided for the establishment of Irish Water as a subsidiary of Bórd Gáis Éireann, to be formed and registered under the Companies Act. Further proposed comprehensive legislation will transfer statutory responsibility for water services to Irish Water and will provide for local authorities to act as agents for Irish Water, with this relationship being expressed through Service Level Agreements. These agreements are at present being developed between Irish Water and the local authorities with a view to their being in place for 1 January 2014. The final agreements will be signed on behalf of each authority and Irish Water following enactment of the legislation, and they will include the necessary operational budget provision for 2014.
Irish Water will be responsible for the recoupment of costs to local authorities in line with agreed budgets and the Service Level Agreements.
104. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government if he will consider reviewing section 42 of the Planning and Development Act and Article 45 of the Planning and Development Regulations 2000-2013 with a view to making amendments to allow planning authorities to request further information to be sought on substantive planning issues and to allow conditions to be imposed on the extended permission to address planning inadequacies in the original permission, so as to facilitate a situation where grants of permission can be extended, particularly in circumstances where financial difficulties prevent a person from availing of the permission; and if he will make a statement on the matter. [51263/13]
View answerUnder section 42 of the Planning and Development Act 2000 an extension of permission is automatically given on application in a case where substantial works have been carried out within the original duration (subject only to the condition that an application complying with the relevant Regulations was made before the expiration of the initial period). In 2010, section 42 was amended and a new provision was introduced whereby the duration of a permission may be extended where substantial works have not been done, or where the development has not even commenced, in cases where the planning authority is satisfied that there were considerations of a commercial, economic or technical nature beyond the control of the applicant which substantially militated against either the commencement of development or the carrying out of substantial works, pursuant to the original planning permission (again provided that an application complying with the relevant Regulations was made before the expiration of the initial period).
This latter provision is, however, subject to the following qualifications:
- that the planning authority is satisfied that there have been no significant changes in the development objectives in the development plan or in regional development objectives in the Regional Planning Guidelines for the area of the planning authority since the date of the permission such that the development would no longer be consistent with the proper planning and sustainable development of the area,
- that the planning authority is satisfied that the development would not be inconsistent with the proper planning and sustainable development of the area, having regard to any guidelines issued by the Minister under section 28, notwithstanding that they were so issued after the date of the grant of permission in relation to which an application is made under this section, and/or
- that the planning authority is satisfied where the development has not commenced, that an environmental impact assessment, or an appropriate assessment, or both of those assessments, if required, was or were carried out before the permission was granted.
Any changes to the current legislation will be further considered in the context of the next Planning Bill review, which I expect to undertake in 2014.
