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Thursday, 10 Apr 2014

Written Answers Nos. 115-121

Alternative Energy Projects

Questions (115)

Brendan Griffin

Question:

115. Deputy Brendan Griffin asked the Minister for Communications, Energy and Natural Resources his plans to introduce a grant scheme for biomass heating systems; and if he will make a statement on the matter. [17119/14]

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Written answers

The National Renewable Energy Action Plan projects that heat from renewable sources will amount to 12% in the context of achieving our 2020 renewable energy targets. The uptake of the Combined Heat and Power (CHP) capacity under REFIT 3, launched in early 2012, will make a contribution to achieving this, along with migration to renewable heat in response to market forces. The requirements of Part L of the Building regulations are also expected to make a contribution to increasing the uptake of renewable heat. These measures and developments will build on the increases in renewable heat which were achieved by schemes such as the Greener Homes Scheme, the Renewable Heat Deployment Programme (ReHeat) and the CHP Deployment Programme. My Department is also currently finalising a Bioenergy Strategy which will set out the actions required to optimise the contribution that energy from biomass can make to achieving Ireland's 2020 renewable energy targets. Analysis underpinning the strategy suggests that additional, targeted bioenergy measures can have a significant impact in the heat sector and recommendations will shortly be brought forward in this regard. I do not propose to introduce a grant scheme for biomass heating systems.

Foreshore Licence Applications

Questions (116)

Dara Calleary

Question:

116. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the number of applications pending for seaweed harvesting licensing; his views on whether it is in the interest of the State to grant multiple licences to seaweed harvesters therefore respecting a tradition and a commercial enterprise that has many generations of practice; if he intends to grant licences to large commercial operators in turn endangering that tradition; and if he will make a statement on the matter. [17138/14]

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Written answers

Under section 3 of the Foreshore Act 1933, a licence is required to harvest seaweed from State owned foreshore.  A number of foreshore licences have been granted for the harvesting of seaweed and a further 10 applications are currently under assessment by my Department. The applications currently before my Department vary considerably and are made by both individual and commercial harvesters. The species and amounts of seaweed proposed to be harvested are also varied, ranging from very small quantities of Carrigeen Moss to significant volumes of Ascophylum Nodosum.

All foreshore licence applications are subject to public consultation and any person may submit comments to my Department.  All applications are published on the Department’s website in addition to being advertised in local newspapers and being made available to view locally. All applications are being assessed in the context of the relevant regulatory framework including any obligations that may arise under the EU Birds and Habitats Directives. Following the conclusion of that assessment and the recommendations of the Marine Licence Vetting Committee and my Department, I will be in a position to make determinations on the applications.

The licensing of seaweed harvesting is currently under review in the context of the proposed Maritime Area and Foreshore (Amendment) Bill.

Planning Issues

Questions (117)

Thomas P. Broughan

Question:

117. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if he will establish a licensing regulatory authority for the establishment and operation of cemeteries and crematoria. [17040/14]

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Written answers

The establishment and operation of cemeteries and crematoria are subject, where applicable, to the provisions of legislation dealing with planning and development, environmental protection and air pollution. Any decision on whether or not to provide a separate regulatory authority for the establishment and operation of cemeteries and crematoria would have to be soundly based on the need for such an authority, Government policy on regulatory impact and my Department’s legislative priorities. I have no plans at present to create such an authority.

Water and Sewerage Schemes Status

Questions (118)

Pat Breen

Question:

118. Deputy Pat Breen asked the Minister for the Environment, Community and Local Government if he will provide an update on the status of schemes (details supplied) in County Clare; and if he will make a statement on the matter. [17057/14]

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Written answers

The Kilrush and Kilkee Sewerage Scheme was included as a scheme at Planning in my Department’s Water Services Investment Programme 2010 – 2013. The Scheme provides for the construction of two new wastewater treatment plants in the areas of Kilrush and Kilkee and the upgrade of the existing Network Collection System in each area at an estimated overall cost of over €17 million.

My Department approved Clare County Council’s Preliminary Report for the Kilrush and Kilkee Sewerage Scheme in July 2011, subject to the Council submitting an updated Public Private Partnership report outlining the recommended method of procurement for the proposed works and the sequencing of the different contracts and their associated priority which make up the scheme. This report was approved by my Department in August 2013 following the submission by Clare County Council of a revised Public Private Partnership report in April 2013. My approval of the Preliminary Report and revised Public Private Partnership allowed the Council to proceed with the preparation of Contract Documents for the Scheme.

Since 1 January 2014, Irish Water is responsible for the delivery of water services capital infrastructure. It is currently preparing a Capital Investment Plan for 2014 – 2016 that will provide for the transition of projects included in the Water Services Investment Programme 2010 – 2013. The further progression of all water services capital projects, including the Kilrush and Kilkee Sewerage Scheme, is now a matter for Irish Water.

My Department asked Irish Water to put in place specific arrangements to address the queries which public representatives may have in relation to matters pertaining to the operation of water services under the new utility. I understand that Irish Water has made contact with Oireachtas members to outline the arrangements for addressing such queries in a timely manner.

Leader Programmes Funding

Questions (119)

Michael Healy-Rae

Question:

119. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the way this country will lose 10% of European funding now that Leader funding will not be given directly to development companies for distribution; and if he will make a statement on the matter. [17079/14]

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Written answers

Community Led Local Development ( CLLD ) is a method of involving partners at local level in EU programme delivery and decisions. It requires that funding decisions are made by a Local Action Group (LAG). There is no requirement that the funding be given directly to development companies. The LAG must be composed of representatives of public and private local socio-economic interests where ‘neither public authorities, nor any single interest group represent more than 49% of the voting rights’. The Local Government Reform Act 2014 provides for the establishment of Local Community Development Committees in line with this EU requirement.

The LEADER element of the Rural Development Programme 2014-2020 (RDP) will be delivered using a Community Led Local Development approach as required under the European Agricultural Fund for Rural Development (EAFRD). The EAFRD also provides that LEADER must comprise a minimum of 5% of the programme. As already announced, the Government has decided to allocate 7% of the programme funding to LEADER.

Pyrite Remediation Programme

Questions (120)

Dara Calleary

Question:

120. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government the options available for houses affected by pyrite in County Mayo; the reason they are excluded from the compensation scheme for homeowners; if he will exempt those affected from paying the property tax; and if he will make a statement on the matter. [17135/14]

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Written answers

The pyrite remediation scheme which has recently been made by the Pyrite Resolution Board is a limited scheme applicable to a restricted group of homeowners in the geographical areas identified in the report of the independent Pyrite Panel. The report provides the framework and context for the scheme and the eligibility criteria are reflective of the conclusions and recommendations of the report. It is a scheme of “last resort” where homeowners can demonstrate to the Pyrite Resolution Board that they have no other practicable options to seek redress; it is a remediation scheme not a compensation scheme. The scheme was introduced having regard to the exceptional nature of the pyrite problems in subfloor hardcore of the affected dwellings and the circumstances in which it occurred.

In general, building defects are matters for resolution between contracting parties, the homeowner, the builder, the supplier and/or their respective insurers and in the event that the parties cannot reach a settlement by negotiation the option of seeking redress in the Courts can be considered. In the case of those dwellings that fall within the remit of the pyrite remediation scheme, there were particular circumstances attaching to the pyrite problems in hardcore which made a legal recourse particularly difficult for affected homeowners to pursue. Most of the houses affected by pyritic heave in the subfloor hardcore are located in housing estates in which a number of different builders may have been involved and the hardcore material came from multiple sources.

The exemption from the charge to Local Property Tax ( LPT ) is confined to those dwellings affected by significant pyritic damage as a consequence of pyrite in the subfloor hardcore material. Section 10A of the Finance (Local Property Tax) Act 2012 (as amended) provides that an exemption from the charge to LPT will apply for a temporary period for residential properties that have been certified under the Finance (Local Property Tax) (Pyrite Exemption) Regulations 2013 as having “significant pyritic damage”. To claim an exemption a residential property owner must demonstrate significant damage due to pyritic heave in accordance with the Irish Standard, I.S. 398 -1:2013 – Reactive Pyrite in sub-floor hardcore material. The standard provides guidance on the methodology to establish the presencee of significant pyritic damage.

Significant pyritic damage is established on the basis of:

- A Building Condition Assessment with a damage rating of 2 or a damage rating of 1 (with progression) carried out by a competent person, and

- results of testing of the hardcore material confirming that the damage is attributable to pyritic heave.

While I fully understand and acknowledge the extremely difficult and distressing situations that the householders in Mayo face I believe that the responsible parties should take appropriate actions to provide remedies for affected homeowners.

Leader Programmes Applications

Questions (121)

Michelle Mulherin

Question:

121. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the position regarding an application to Mayo North East Leader by an organisation (details supplied); if it will be expedited; and if he will make a statement on the matter. [17159/14]

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Written answers

My Department has contacted Mayo North East LEADER Partnership (MNELP) in relation to this project. I understand that MNELP has written to the promoter requesting further information to enable processing of its application for funding. The project assessment process will recommence once the required information is provided.

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