Written Answers Nos. 419-439
419. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government his policy in relation to local authorities gifting public assets to private companies, with the stated intention of achieving financial viability for a project the private company is working on (details supplied); and if he will make a statement on the matter. [17608/14]
View answer420. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government the oversight and-or mechanisms for investigations available for the actions of a local authority to be investigated, where the local authority has gifted public assets to a private company, with the stated intention of achieving financial viability for a project the private company is working on (details supplied); and if he will make a statement on the matter. [17609/14]
View answerI propose to take Questions Nos. 419 and 420 together.
It is a matter for each individual local authority to decide on the utilisation of their assets, including their land bank. Section 211(1) of the Planning and Development Act 2000 , as amended, (the 2000 Act) provides that any land acquired for the purposes of or appropriated under the 2000 Act or any other Act or acquired otherwise, by a local authority, may be sold, leased or exchanged, subject to such conditions as it may consider necessary where it no longer requires the land for any of its functions, or in order to secure –
(a) the best use of that or other land, and any structures or works which have been, or are to be, constructed, erected, made or carried out on, in or under that or other land, or
(b) the construction, erection, making or carrying out of any structures or works appearing to it to be needed for the proper planning and sustainable development of its functional area.
Section 211(2) of the 2000 Act (subject to any regulations under section 211(3) of the Act) requires the consent of the Minister for the Environment, Community and Local Government, for any sale, lease or exchange under section 211(1) , where the price or rent, or what is obtained by the local authority on the exchange, is not the best reasonably obtainable or below market value.
In addition, section 66 of the Local Government Act 2001 ( the 2001 Act) enables a local authority to provide “assistance in money or in kind” (which includes land) as it considers necessary or desirable to promote the interests of the local community. A decision by the local authority to provide assistance under this provision is a reserved function.
Where a local authority proposes to dispose of land, section 183 of the 2001 Act requires that elected members are notified. Such notification must provide the elected members with particulars of –
(a) the land,
(b) the name of the person from whom such land was acquired, if this can be ascertained by reasonable inquiries,
(c) the person to whom the land is to be disposed of,
(d) the consideration proposed in respect of the disposal,
(e) any covenants, conditions or agreements to have effect in connection with the disposal;
Section 183 of the 2001 Act also provides that at the first meeting of the local authority held after the expiration of 10 days after the day on which such notices are sent or delivered, the local authority may resolve that –
(a) the disposal shall not be carried out, in which case it shall not be carried out, or
(b) it shall be carried out in accordance with terms specified in the resolution, in which case the disposal may be carried out in accordance with those terms but subject to the consent of the Minister where such consent is required under section 211(2) of the 2000 Act.
If the local authority does not pass a resolution in accordance with the provisions of section 183 of the 2001 Act, the disposal may also be carried out, but subject to the consent of the Minister where such consent is required under section 211(2) of the 2000 Act.
421. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will request Irish Water to make funding available as a matter of urgency to address the mid-Kerry water supply crisis, where the entire pipe network needs to be immediately replaced, as homes, businesses and farms have been without water for prolonged periods, including the town of Killorglin; if he will direct Irish Water to replace all the old asbestos pipes throughout mid-Kerry; if he will confirm that these pipes that are continuously breaking are not a health hazard to the consumers in this area; and if he will make a statement on the matter. [17615/14]
View answerI refer to the reply to Question No.158 of 3 April 2014, which sets out the position in this matter.
Irish Water has confirmed to my Department that it has established a dedicated team to deal with representations and queries from public representatives. They may be contacted via email to oireachtasmembers@water.ie or by telephone on 1890 278 278.
422. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government the nature and extent of licences or permissions required by commercial turf extractors from his Department, the Environmental Protection Agency and the local authority; the minimum acreage that can be harvested without having to seek such consents or permissions; and if he will make a statement on the matter. [17665/14]
View answerUnder planning legislation all development requires planning permission unless specifically exempted. Class 17 of Part 3 of Schedule 2 of the Planning and Development Regulations 2001, as amended, provides that peat extraction in a new or extended area of less than 10 hectares, or peat extraction in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to the coming into force of these Regulations, is exempted development. Section 4(4) of the Planning and Development Act 2000, as amended, provides that development is not exempted development if Environmental Impact Assessment (EIA) or appropriate assessment (AA) of the proposed development is required.
Article 93 of the 2001 Regulations provides that development set out in Schedule 5 of the Regulations is development prescribed for the purposes of EIA. Part 2 of Schedule 5 of the Regulations provides that peat extraction which would involve a new or extended area of 30 hectares or more requires mandatory EIA, while article 103 of the Regulations provides for the requirement to submit an EIS with an application for sub-threshold development where the planning authority considers that the development would be likely to have significant effects on the environment.
In addition, the extraction of peat in the course of business which involves an area exceeding 50 hectares is an integrated pollution control (IPC) activity licensable by the Environmental Protection Agency (EPA) under the Environmental Protection Agency Act 1992 (as amended).
423. Deputy Maureen O'Sullivan asked the Minister for the Environment, Community and Local Government the number of vacant housing units that are in the National Asset Management Agency portfolio for Clongriffin-Belmayne, Dublin 13; if there are plans for these NAMA housing units to be released and used to relieve the housing crisis; and if he will make a statement on the matter. [17679/14]
View answer437. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form on a county basis the total number of National Asset Management Agency units identified by the agency deemed acceptable by the local authority and transferred to date to the local authority; and if he will make a statement on the matter. [17880/14]
View answerI propose to take Questions Nos. 423 and 437 together.
My Department, the Housing Agency and NAMA continue to work together with housing authorities and approved housing bodies in identifying suitable NAMA housing units and bringing them into social housing use. By the end of March 2014, 4,653 units have been identified by NAMA as being potentially suitable for social housing and of these some 1,849 units have been confirmed by local authorities as being suitable for social housing. Completed housing unit transfers stand at 518, with a further 166 units contracted and with completion work ongoing. This brings the overall total delivery of social housing from NAMA- sourced units to 684 units (completed or contracted) since the process began. A breakdown by Local Authority of the units identified and with demand confirmed is provided in the table.
While I cannot comment on any individual proposals under consideration, I can clarify that in the Dublin City Council area NAMA has identified 753 units as being potentially suitable for social housing. Of these, 247 units were available for consideration and confirmed as suitable by Dublin City Council. At the end of March 2014, the number of these units completed or contracted was 163.
Information in relation to the delivery of NAMA sourced units, including a full breakdown by county of units delivered by quarter, is available on the Housing Agency’s website: www.housing.ie/nama
|
Local Authority |
Identified |
Demand Confirmed |
Complete/ Contracted |
|
Carlow Co. Co. |
137 |
82 |
55 |
|
Cavan Co. Co. |
49 |
17 |
|
|
Clare Co. Co. |
169 |
19 |
7 |
|
Cork City |
419 |
97 |
53 |
|
Cork Co. Co. |
471 |
148 |
55 |
|
Donegal Co. Co. |
118 |
68 |
|
|
Drogheda Borough Council |
27 |
27 |
27 |
|
Dublin City |
753 |
247 |
163 |
|
Dún Laoghaire-Rathdown Co. Co. |
305 |
114 |
77 |
|
Fingal Co. Co. |
203 |
56 |
44 |
|
Galway City |
152 |
152 |
60 |
|
Galway Co. Co. |
98 |
40 |
|
|
Kerry Co. Co. |
114 |
54 |
15 |
|
Kildare Co. Co. |
243 |
85 |
64 |
|
Kilkenny Co. Co. |
167 |
87 |
5 |
|
Laois Co. Co. |
98 |
6 |
|
|
Leitrim Co. Co. |
35 |
|
|
|
Limerick Co. Co. |
128 |
71 |
9 |
|
Longford Co. Co. |
31 |
11 |
|
|
Mayo Co. Co. |
66 |
58 |
|
|
Meath Co. Co. |
215 |
37 |
|
|
Monaghan Co. Co. |
42 |
42 |
|
|
North Tipperary Co. Co. |
13 |
|
|
|
Offaly Co. Co. |
79 |
58 |
|
|
Roscommon Co. Co. |
91 |
|
|
|
Sligo Co. Co. |
46 |
16 |
|
|
South Dublin Co. Co. |
60 |
42 |
40 |
|
South Tipperary Co. Co. |
34 |
13 |
|
|
Waterford City |
7 |
7 |
|
|
Waterford Co. Co. |
65 |
39 |
|
|
Westmeath Co. Co. |
64 |
47 |
8 |
|
Wexford Co. Co. |
118 |
102 |
2 |
|
Wicklow Co. Co. |
36 |
7 |
|
|
Grand Total |
4,653 |
1,849 |
684 |
424. Deputy Brendan Smith asked the Minister for the Environment, Community and Local Government the position regarding an application submitted by Monaghan County Council in respect of a housing project (details supplied) in County Monaghan; and if he will make a statement on the matter. [17709/14]
View answerMy Department’s Capital Assistance Scheme (CAS) provides funding to approved housing bodies of up to 100% of the approved costs of accommodation for people with specific categories of housing need, including people with a disability. My Department’s involvement with the CAS relates primarily to the provision of funds for individual projects. The detailed administration of the scheme, the certification that projects comply with the terms and conditions of the scheme and the processing of applications for funding are the responsibility of the relevant local authority, in this case Monaghan County Council.
In April 2013, my Department approved CAS funding of €900,000 for the provision of a group home for people with physical and sensory disabilities at Drummond Otra, Convent Lands, Carrickmacross. On 2 December 2013, Monaghan County Council submitted a tender report for the project showing a substantial increase in construction costs compared to the initial cost plan prepared by the Council and requesting approval for an all-in cost of €1.378 million. Considering that the cost had increased by over 50%, my Department requested a value-for-money appraisal of the project. This appraisal was examined by my Department’s Inspectorate and a revised design, which is expected to result in reduced costs, has recently been submitted by the Council. My Department is awaiting detailed costings for the revised design from the Council and the proposal will be further considered once this information is to hand.
425. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government the dates on which has he recently engaged with expert bodies on the current Control of Dogs Act 1998 regulations; the expert bodies that have recommended keeping the Control of Dogs Act 1998 regulations breed specific, rather than adopting a breed-neutral system of restrictions; and if he will make a statement on the matter. [17727/14]
View answerThe Control of Dogs Acts 1986 and 1992 set out the main provisions for dog control and the requirements these contain to keep dogs under effectual control are breed neutral.
The Control of Dogs (Restriction of Certain Dogs) Regulations, 1991 set out requirements in relation to specific dog breeds, whereby their owners must have the dogs muzzled, leashed and led by a competent person over 16 years of age when in public. The decision to introduce these further specific control requirements was taken as a balanced and workable arrangement which recognises the rights of dog owners versus the needs of society to be protected from dogs with a significant capability to inflict very serious injury.
I am not undertaking a specific review of these regulations, therefore I have not met recently with organisations on this specific topic. My Department meets regularly with organisations involved in dog control and dog welfare issues, as well as with the professional staff of the local authority veterinary services around the country, in order to keep up to date on current issues and discuss matters of mutual importance. I remain open to all views and developments in this area and receive such views from interested parties on an ongoing basis.
427. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if his Department has been liaising with the Department of Social Protection on developing the proposed new housing assistance payment in such a manner as to ensure that persons in receipt of rental assistance are not forced to pay top-ups of rent over and above the rent caps agreed for the areas in which they are living to continue to secure their tenancy. [17759/14]
View answer436. Deputy Thomas P. Broughan asked the Minister for the Environment, Community and Local Government if his Department is examining moving away from having caps on the levels of rental assistance provided to persons living in private rented accommodation while on social housing waiting lists to a system whereby the rental assistance is provided on a discretionary basis according to the financial needs of the tenants; or if other methods to reform the current system could be included in the new model to rectify the situation whereby some tenants are not entitled to an adequate amount of rental assistance. [17856/14]
View answerI propose to take Questions Nos. 427 and 436 together.
My Department understands that ‘top up’ payments under the rent supplement scheme fall into two specific categories – those that are specifically approved by the Department of Social Protection, where a person has additional income above the rate of supplementary welfare allowance which would allow additional rent payments to be made and still have sufficient income to meet their basic needs, and those that occur when ‘false declarations’ of rent supplement are made through the use of illegal top-ups. While the matter of both authorised and illegal top-ups in rent supplement have been discussed in the context of developing the business processes for the Housing Assistance Payment (HAP) my Department has not included an estimate of rental top-ups for the purposes of HAP in terms of what currently might be paid by tenants under the rent supplement scheme.
Rent limits will also be applied in respect of the HAP scheme and in order to facilitate a smooth implementation for the scheme the current rent limits under the rent supplement scheme will be applied through the transitional implementation phase. It is intended, on completion of this transitional phase, that I as Minister for Housing, would set the maximum rent limits in relation to HAP for local authority functional areas. The process of how such limits will be set including any element of discretion will be examined in due course. Until such time as this function in relation to HAP becomes operational, the setting of rent limits for the rent supplement scheme remains the responsibility of my colleague the Minister for Social Protection.
428. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total number of homes directly provided for under Part V of the 2000 Planning and Development Act to date broken down on a county basis; and if he will make a statement on the matter. [17770/14]
View answer429. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the total amount of money directly provided to local authorities under Part V of the Planning and Development Act 2000, as amended in 2003, to date broken down on a county basis; and if he will make a statement on the matter. [17771/14]
View answerI propose to take Questions Nos. 428 and 429 together.
My Department publishes a wide range of housing statistics, including data, broken down by local authority, relating to housing units delivered, and amounts paid to local authorities in lieu of land transfers, under Part V of the Planning and Development Acts. The statistics concerned are available on my Department’s website at: http://www.environ.ie/en/Publications/StatisticsandRegularPublications/HousingStatistics/FileDownLoad,15291,en.xls.
430. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 374 of 8 April 2014, if his attention has been drawn to the fact that there are inordinate delays in the processing of cases conducted by the Private Residential Tenancies Board; and his plans to reform this organisation. [17813/14]
View answerThe Residential Tenancies Act 2004 sets out the rights and obligations of landlords and tenants in the private rented residential sector. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to resolve disputes between landlords and tenants in the sector.
The PRTB replaces the Courts for the vast majority of landlord and tenant disputes. For a fee of €25, parties to a dispute can apply to the PRTB for adjudication or mediation services. If either of the parties to the dispute is unhappy with the decision of an adjudicator, they can appeal that decision to the tenancy Tribunal within 21 days of the date of receiving the decision. Tribunals are heard by a panel of three members of the Dispute Resolution Committee of the PRTB. An adjudication decision that is not appealed to the Tribunal within 21 days will become a binding Determination Order of the PRTB. In instances of non-compliance, parties can request enforcement of such Orders through the Courts.
Demand for the PRTB’s services has grown significantly in recent years, reflecting the very sizable growth in the private rented sector. At the same time, the moratorium on recruitment and promotion introduced in March 2009 has presented challenges for the delivery of services across the public sector, including at the PRTB. The Board has responded to these challenges by pursuing a programme of outsourcing, shared services and improved ICT systems.
An online registration system was launched in November 2010, online dispute management services were introduced in 2012 and a programme of shared services has involved electronic tracking of legal documentation and, most recently, the launch in 2013 of a quarterly rent index in association with the Central Statistics Office.
In addition to these efficiency measures, legislative changes are in train in support of the work of the PRTB. In November 2012 I introduced the Residential Tenancies (Amendment) (No. 2) Bill, currently before the Seanad, which will, inter alia, streamline and simplify aspects of the Act to assist the Board in meeting its service obligations. The Government recently approved the drafting of amendments to the Bill which include measures to address long-standing issues such as deposit retention and the non-payment of rent in dispute cases, which are the most common dispute types brought before the Board, accounting for close to 37% of all dispute types in 2012. The Bill will also provide for the separation of the governance and quasi-judicial functions of the Board and will simplify the mediation process.
I am confident that the Board will continue to discharge its statutory obligations in an independent, fair and efficient manner. My Department continues to keep the resources available to the PRTB under close review and engages regularly with the Board on this and other matters.
432. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government if funding will be approved for an estate (details supplied) under the special development funding scheme for site resolution plans; and if he will make a statement on the matter. [17831/14]
View answerBudget 2014 contains a special provision, in the form of a targeted €10m Special Resolution Fund (SRF), to assist further 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.
My Department is currently evaluating SRF applications from local authorities in accordance with the specified criteria. I understand that an application for funding under the SRF was received in respect of the development in question, to which a Local Property Tax waiver does not apply. I am conscious of the limited time available to complete SRF projects within the current year and, while I am not currently in a position to confirm whether the application in respect of the development in question will be successful, I expect that my Department will be in a position to finalise its consideration of the matter in the very near future.
I hope that the SRF will enable very substantial progress to be made in resolving as many of the remaining unfinished developments as possible.
433. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide an update on the number of water meters installed to date on a county basis; and the target to date and estimated number due to be completed by the end of the year. [17835/14]
View answer434. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide an update on water meter progress; the total number to be installed on a county basis; his plans for metering apartment blocks and other properties originally deemed unsuitable; when water metering is due to be completed; and if targets will be met. [17836/14]
View answer442. Deputy Michael Colreavy asked the Minister for the Environment, Community and Local Government the arrangements that will be put in place to support householders and local authorities repair internal sometimes under-floor leakages identified following installation of water meters; and if he will make a statement on the matter. [17910/14]
View answer447. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if Irish Water is responsible for water meters, in view of the fact that the meter is located outside the boundary wall on a public street and presumably the resident could not then be liable for a malfunction or damage by a third party. [17935/14]
View answerI propose to take Questions Nos. 433, 434, 442 and 447 together.
The Programme for Government sets out a commitment to 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 provided for the establishment of Irish Water as an independent subsidiary within the Bord Gáis Éireann Group and assigned the necessary powers to allow Irish Water to undertake the metering programme.
The total number of water meter installations installed as at close of business on 12 April 2014 is approximately 185,500. My Department does not have a county by county breakdown of this figure. Irish Water has indicated that it is meeting the target of 27,000 installations per month and at least 400,000 meters will be installed by the end of this year.
Local authorities are in the final stages of a pre-installation survey of households connected to public water supplies. The survey is providing information to Irish Water on the properties that can be metered. The intention is that a meter will be installed in any household connected to a public water supply where it is technically feasible to do so. A study commissioned by Irish Water on possible approaches to metering properties that are not part of the current metering programme, including apartments and properties with shared service connections, has been recently submitted to my Department for consideration. Any proposals for the metering of such properties would need to be considered by the Government in the first instance.
As part of the metering programme, my Department, in conjunction with Irish Water, is currently working on a proposal regarding customer-side leakage, the implementation arrangements for which will have to be worked out with Irish Water. In common with meters for other utility services, the meters will be the property of Irish Water which will also be responsible for meter repair and maintenance. Section 74 of the Water Services Act 2007 provides that it is an offence to damage or otherwise impair a water meter.
435. Deputy Ann Phelan asked the Minister for the Environment, Community and Local Government the position regarding the establishment of the planning regulator; if this has been set up, if it will be publicly announced; if members of the public contact the planning regulator if they have a grievance with the planning process or section in their area; the way they can do this; if the planning regulator will be able to investigate planning errors or cases retrospectively; and if he will make a statement on the matter. [17851/14]
View answerI refer to the reply to Question No. 377 of 1 April, 2014.
My Department is giving consideration to the detailed issues to be addressed with regard to the establishment of the Office of the Planning Regulator, including those raised in the Question, in the preparation of the forthcoming General Scheme of a new Planning and Development Bill. It is intended that the General Scheme of the new Bill will be published in the coming months.
438. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form on a county basis the total social housing waiting list in 2011, 2012, 2013 and to date in 2014; and if he will make a statement on the matter. [17881/14]
View answer439. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide in tabular form on a county basis the average and mean waiting time on the social housing waiting list; and if he will make a statement on the matter. [17882/14]
View answerI propose to take Questions Nos. 438 and 439 together.
The report on the 2011 Housing Needs Assessment, contains details on waiting list numbers for each local authority which were recorded from 1993 to 2011 under the tri-annual social housing needs assessment carried out under Section 9 of the Housing Act 1988. The report is available on my Department’s website at
http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,27864,en.pdf.
The latest social housing needs assessment was carried out as at 7 May 2013 in accordance with section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the results are also available on my Department’s website at: http://www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,34857,en.pdf.
The 2011 and 2013 reports include details on the length of time spent by qualified households on waiting lists by local authority.
The 2013 figures are the most up-to-date figures available on waiting list numbers, which are subject to on-going fluctuation due to households being allocated housing and new households applying for housing support. However, the 2013 results cannot be directly compared to previous results given that this latest summary employed different methodologies and was the first to be carried out under the 2011 Social Housing Assessment Regulations.
