Written Answers Nos. 160-172
160. Deputy Ciarán Lynch asked the Minister for the Environment, Community and Local Government the funds that have been allocated for the completion of unfinished estates; the estates that will benefit; the criteria that will apply; and if he will make a statement on the matter. [10004/14]
View answerBudget 2014 contain s a special provision, in the form of a targeted €10 million Special Resolution Fund (SRF), to further assist in addressing the legacy of unfinished housing developments. The SRF has been proposed to encourage the resolution of the remaining tranche of unfinished developments identified in the National Housing Development Survey 2013 and, particularly, those developments not likely to be resolved in the normal way through solely developer/owner/funder action because of the presence of specific financial barriers. It is envisaged that the SRF should be particularly targeted to address the remaining unfinished developments with residents living in them and, in particular, any developments that local authorities identified, for the purposes of the Local Property Tax waiver, as in a seriously problematic condition. In December 2013, my Department wrote to local authorities seeking proposals for funding support under the SRF and the deadline for receipt of applications is 28 February 2014. Submissions will then be evaluated by my Department in accordance with the criteria that have been circulated to the local authorities and funding allocations made to local authorities as soon as possible thereafter.
Factors likely to be taken into account in the assessment of proposals include the quality and clarity of the funding proposal, the extent to which the development will be resolved within the SRF timeframe, the level of additional private sector finance being leveraged, the wider economic benefit of the proposal, and the community gain arising. My Department will support SRF proposals capable of delivering significant and lasting impact in relation to the quality of the resolution process itself and improved conditions for residents. It is hoped that the SRF will enable very substantial progress to be made in resolving as many of the remaining unfinished developments as possible.
161. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his views on whether the Environmental Protection Agency code of practice 2009 in respect of site assessment and wastewater treatment can be used to deny an extension of planning permission beyond five years where the development has been delayed because of financial constraint as provided for in section 42 of the Planning and Development Act, as a consequence of the original application only complying with guidelines that existed at the time of the grant but submitting additional information to comply with the new guidelines is being interpreted by some local authorities as breaching section 42 which does not allow the consideration of information that was not supplied at the time of the granting of permission. [10066/14]
View answerSection 28 of the Planning and Development (Amendment) Act 2010 amended Section 42 of the Planning and Development Act 2000 to provide that the duration of a planning 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 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.
Where the development which has been granted permission is now deemed to be inconsistent with the proper planning and sustainable development of the area, having regard to Ministerial guidelines subsequently issued, it is not possible to address this matter by further information, as the development which has been granted permission cannot be altered post the grant of permission. However, it is of course open to the person concerned to re-apply for permission with a plan or design that complies with current guidelines or the current Development Plan.
162. Deputy Luke 'Ming' Flanagan asked the Minister for the Environment, Community and Local Government if a well for domestic water use is liable for a surcharge; and if he will make a statement on the matter. [10089/14]
View answer169. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government when he expects the decision to be finalised on the way those who will not have water meters installed will be treated; the way their initial charges will be assessed and when this will be communicated; and if he will make a statement on the matter. [10264/14]
View answerI propose to take Questions Nos. 162 and 169 together.
The Programme for Government sets out a commitment for the introduction of water charges based on usage above a free allowance. The Government considers that charging based on usage is the fairest way to charge for water and it has, therefore, decided that water meters should be installed in households connected to public water supplies. The Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigns the necessary powers to allow Irish Water to undertake this metering programme. The Water Services (No.2) Act 2013 provides that Irish Water will be responsible for the collection of water charges from households and also provides that responsibility for the economic regulation of the water sector, including the setting of charges, be assigned to the Commission for Energy Regulation (CER). The CER has been given statutory responsibility for protecting the interests of customers.
As the metering programme will still be underway when charges are introduced, an appropriate approach to charging customers who are not metered at that stage will be put in place. This will be structured in such a way as to ensure that it represents a reasonable proxy for usage and is fair. The CER has indicated that in April 2014 it will be carrying out a number of public consultation s including the approach to the design of domestic water tariffs for both metered and unmetered properties. The CER will announce its decision on the approved level of water charges in August 2014.
Households served by private wells will not be metered as part of the metering programme and will not be subject to water charges by Irish Water.
163. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government his plans to update the Litter Pollution Acts; and if he will make a statement on the matter. [10114/14]
View answerThe Litter Pollution Acts 1997 to 2009 provide the statutory framework to combat the litter problem. Under the Acts, the primary management and enforcement response to littering is, in the first instance, a matter for local authorities. A range of penalties exist under the Acts, including an on-the-spot fine of €150, a maximum fine of €3,000 on summary conviction, and a maximum fine of €130,000 on conviction on indictment.
In addition, as Minister, I encourage a multi-faceted approach to tackling the litter problem, incorporating enforcement, public awareness and education. My Department supports several anti-litter initiatives to combat litter in Ireland, including:
- National Spring Clean;
- Green Schools Programme;
- Irish Business Against Litter (IBAL) – Litter League
- Tidy Towns;
- Local Authority Anti-Litter & Anti-Graffiti Awareness Grant Scheme; and
- Negotiated agreements with the banking and chewing gum industries.
Given the range of existing penalties and the diverse policy approaches in place, I have no current plans to amend the Litter Pollution Acts. Strong enforcement of the existing code and continued efforts to raise awareness of the litter problem and educate our young people are key to effecting a long-term change in society’s attitudes towards litter disposal. Ultimately, it is the responsibility of each individual to ensure that they play their part in preserving the environment for others through the responsible disposal of their litter.
164. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government in regards to the climate change policy, if he intends to establish a climate change strategy; if he further intends to publish a climate change Bill; and if he will make a statement on the matter. [10166/14]
View answerAs I outlined in the reply to Questions Nos. 141 to 143, inclusive, and 150 of 22 January 2014, the Programme for the development of national climate policy and legislation, which I issued in January 2012 in response to a request from the Oireachtas Joint Committee on the Environment, Culture and the Gaeltacht, is the process under which national greenhouse gas mitigation policy and climate change adaptation policy are being progressed. In addition to the comprehensive open consultation undertaken by my Department in 2012, the Oireachtas Joint Committee facilitated a round of stakeholder engagement on the final policy analysis report from the Secretariat to the National Social and Economic Council and the outline Heads of the Climate Action and Low-Carbon Development Bill which I released in February 2013. I am now considering the Joint Committee’s report, as well as a range of other issues, with a view to finalising the draft Heads of the Bill as soon as possible. Subject to the approval of Government, my intention is to publish the final Heads before Easter 2014.
In anticipation of the planned primary legislation, a National Low-Carbon Roadmap to 2050 is now being developed. At present, Departments with responsibility for the key sectors in the national transition agenda are currently preparing the sectoral elements for incorporation into the national roadmap. The key sectors are electricity generation, the built environment, transport and agriculture. To ensure that the roadmapping process is inclusive, informed and transparent, the public has already been invited, by the Departments concerned, to input to the sectoral work on electricity generation, agriculture and transport. A public consultation paper on the built environment, which is being developed jointly by my Department and the Department of Communications, Energy and Natural Resources is at an advanced stage and will be issued for consultation shortly. Feedback through these sectoral consultations will input into the key sectoral contributions to the first draft National Low-Carbon Roadmap which I intend to release, together with a draft Strategic Environment Assessment, for a substantial period of open consultation later this year. My intention is to ensure that the first draft national roadmap will be informed and technically sound, and provide a solid basis for a constructive, transparent and inclusive open debate.
In parallel to the mitigation agenda, the National Climate Change Adaptation Framework, which I issued in December 2012, provides for the development and implementation of sectoral and local adaptation action plans, involving extensive stakeholder consultation and engagement, which will form part of a comprehensive national response to the impacts of climate change. Under the framework, sectoral plans will be developed by the relevant Government Department or Agency and adopted by the relevant Minister. Draft sectoral plans are due to be published by mid-2014, and details of the lead Departments and Agencies are set out in section 4 of the Framework. Local adaptation action planning will be undertaken by local authorities through the spatial planning process, with full engagement of key stakeholders, which provides an established means through which to implement and integrate climate change objectives, including adaptation, at local level.
165. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has submitted Ireland’s biennial report and sixth national communication to the United Nations Framework Convention on Climate Change, UNFCCC, in accordance with the convention to the Conference of the Parties; if his attention has been drawn to the fact that the deadline for receipt of reports was 1 January 2014, if he has not submitted the reports, when he intends to do so; and if he will make a statement on the matter. [10167/14]
View answerDrafts of Ireland’s Sixth National Communication and First Biennial Report are currently undergoing a final check and will be submitted to the UN Secretariat very shortly. My Department has kept the Secretariat fully informed of the position, including progress and timelines towards finalisation and submission of the reports.
166. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government if there is any funding available to renovate houses that are over 150 years old which are not listed and have not been subject to any preservation orders; and if he will make a statement on the matter. [10196/14]
View answerUnder the terms of the suite of Housing Adaptation Grants for Older People and People with a Disability, grants are available to assist households to have necessary repairs, adaptations or improvement works carried out in order to meet the accommodation needs of an older person or a person with a disability. The suite of grants include three separate grant measures; the Mobility Aids Grant scheme with grants of up to €6,000, the Housing Aid for Older People scheme with grants of up to €8,000 and the Housing Adaptation Grant for People with a Disability with grants of up to €30,000, depending on household income. The schemes are ad ministered by the local authorities and it is a matter for each local authority to determine the extent of the grant-eligible works, the amount of grant aid to be paid in individual cases and how applications are prioritised.
Under my Department’s renewal or repair of thatched roof grant scheme, a grant of up to €3,810, or two thirds of the approved cost, whichever is the lesser, may be payable in respect of necessary works to renew or repair the thatched roofs of houses. A higher grant of up to €5,714 may be payable where the house is situated on certain specified islands off the West and South coasts. In the case of medical card holders, a grant of up to €6,350, or up to 80% of the approved cost, may be payable in respect of houses situated on the mainland, rising to €8,252 where the house is situated on a specified off-shore island. Outside of the grant schemes mentioned, there is no further assistance provided to householders by my Department.
167. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if the substance tetra is in the composition of smart water meters; and if he will make a statement on the matter. [10218/14]
View answerIrish Water has informed my Department that it is unaware of any substance called tetra that is used in the manufacture of water meters. There is however a system called TETRA which stands for Terrestrial Trunked Radio which is a professional mobile radio and two-way transceiver specification. Irish Water has informed my Department that each water meter has a low power radio unit fixed to the top which enables it to be read periodically from a passing van. This is what is known as Automatic Meter Reading (AMR). The meters used by Irish Water do not currently employ smart metering technology. However, the meters are capable of being integrated into a smart meter reading system, should that ever be required.
168. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government if he will postpone the implementation date for the new building control regulations beyond 1 March next in view of the fact that local authorities are not prepared for its operation; and if he will make a statement on the matter. [10223/14]
View answerThe new Building Control Amendment Regulations will greatly strengthen the arrangements currently in place for the control of building activity, by requiring greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. The new regulations are necessary following the widespread instances of failure by owners, designers and builders to comply with their statutory obligations under the Building Control Act 1990 to design and construct buildings in accordance with the building regulations.
Every effort has been made to ensure that arrangements are in place for a successful transition to the new building control arrangements on and from 1 March 2014. The new online Building Control Management System (BCMS) has been developed to provide a common platform for clear and consistent administration of building control matters across the local authority sector. Briefing and guidance on the new system has been provided for local authority staff and representatives of the key construction sector professional bodies and the Construction Industry Federation in recent weeks. The definitive Code of Practice for Inspecting and Certifying Buildings and Works, was circulated to industry stakeholders on 7 February 2014.
Standard forms of contracts used for both private and public sector projects fall to be revised to reflect the new regulatory environment. The Government Construction Contracts Committee (GCCC) and the key construction professional bodies both report strong progress in advancing this work within their respective sectors. Briefing and guidance is available within Government and within the private sector to deal with contractual challenges and procurement issues that will inevitably arise as change takes place.
The above measures (i.e. the BCMS, the Code of Practice and guidance on contracting matters) are the key supports necessary to ensure the new regulatory arrangements can work well in practice. As local authorities and industry now move to full implementation, my Department will continue to work with all concerned to ensure that they understand their obligations and the steps necessary to meet them.
170. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the assistance that is available for apartment owners living in an area (details supplied) in Dublin whose apartments are defective; and if he will make a statement on the matter. [10270/14]
View answerI refer to the reply to Questions Nos. 469, 470, 479, 480, 481, 482 and 483 of 25 February 2014, which sets out the position in this matter.
171. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the assistance that is available for apartment owners living in an area (details supplied) in Dublin 13 whose apartments are defective; and if he will make a statement on the matter. [10271/14]
View answerFirstly I acknowledge the distressing and stressful situations which individuals face when building works are not completed to the required acceptable standard. The powers to enforce the statutory requirements arising under the Fire Safety Act, the Building Control Acts and the Planning and Development Acts, all of which may be at issue in relation to a situation where apartments are defective, are vested in the relevant local authority. Neither I nor my Department have a direct role or responsibility in relation to the exercise of these statutory responsibilities. I have asked that local authorities use the powers that are available to them wherever reasonable and appropriate in order to assist homeowners who, through no fault of their own find that their home is defective. I am aware that Dublin City Council has been of assistance previously in this regard in relation to problems in this estate which have now largely been addressed as outlined in the reply to Question No. 149 of 23 October 2013.
In the absence of any specific information in relation to the nature of the defects referred to in the question, it should be noted that the Building Control Act 1990 clearly places responsibility for compliance with the Building Regulations on the owner of the building concerned and on the builder/developer who carries out the works. The Building Regulations set out the legally enforceable minimum standards which a new building must achieve. Enforcement of the Building Regulations is primarily the responsibility of the local Building Control Authorities who have strong powers to serve enforcement notices for non-compliance or to institute proceedings for breaches of regulatory requirements within a period of five years from the date the building has been completed. Homeowners should be advised to report any concerns about non-compliance with the Building Regulations to the local Building Control Authority. The details supplied do not indicate whether the builder/developer was a member of any structural guarantee warranty/scheme, such as that provided by HomeBond, and this should be ascertained and pursued if relevant.
Remediation of defects is a matter between the parties concerned, the owner and the builder/developer and their insurers. If satisfactory resolution cannot be achieved through dialogue and negotiation, it may be appropriate to consider the option of seeking civil legal remedy.
172. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government the safeguards that are in place to provide security to those who are concerned that Irish Water could be sold out of public ownership; and if he will make a statement on the matter. [10282/14]
View answerThe Water Services Act 2013 provides for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group. Section 5 of the Act also sets out the share structure of Irish Water, providing for one share to be allocated to Bord Gáis Éireann and for the remaining shares to be issued equally between the Minister for the Environment, Community and Local Government and the Minister for Finance. The Water Services (No. 2) Act 2013, which came into effect on 1 January 2014, provides for the transfer of responsibility for the delivery of water services from the water services authorities to Irish Water. Section 46 of this Act provides for amendments to section 5 of the Water Services Act 2013. The amended provision precludes the three above-mentioned shareholders of Irish Water from alienating the shares issued to them. This amendment essentially places a statutory prohibition on the privatisation of Irish Water.
