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Thursday, 13 Nov 2014

Written Answers Nos. 220-229

Building Regulations Application

Questions (220)

Ruth Coppinger

Question:

220. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government if he will provide a detailed report of all water conservation standards/regulation in building since his last attempt to introduce water charges and this Government's future plans on the issue. [43572/14]

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Written answers

Building regulations, which are primarily concerned with the safety and wellbeing of persons in and around buildings, set down mandatory performance standards for buildings, and these performance standards are reviewed and upgraded over time. The statutory requirements are set out in twelve parts (classified as parts A to M) included under the Second Schedule to the Building Regulations 1997 - 2014. Technical guidance documents (TGDs) are published to accompany each of the twelve parts in order to demonstrate how the statutory requirements may be achieved in practice.

In relation to the conservation of water, Part H of the Building Regulations, which concerns Drainage and Waste Water Disposal, was last updated in 2010 and the accompanying TGD H 2010 already references water sustainability systems which are coming into increasing use (e.g. rainwater harvesting systems and greywater usage). While Part H 2010 did not require the installation of rainwater harvesting systems in new houses, by referencing such systems in the building code, my Department enables such systems, where used, to be designed and constructed in a safe and responsible manner and in accordance with the best available national and international guidance.

Part G of the Building Regulations, which concerns Hygiene, was last amended in 2008 and in the interests of water efficiency dual flush toilets are now standard when toilets are being installed or replaced in buildings.

My Department has also published design guidance for local authorities - Quality Housing for Sustainable Communities (2007) – which emphasises environmental sustainability and resource efficiency in the design and construction of new housing. The influence of this guidance extends beyond social housing provision to provide an important reference point in promoting sustainability issues generally.

Irish Water Administration

Questions (221)

Ruth Coppinger

Question:

221. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government the way he reconciles the Government's narrative of Irish Water as a conservation measure and the fact that Irish Water is a for-profit organisation. [43573/14]

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Written answers

The Water Services Act 2013 provides for the establishment of Irish Water as a subsidiary of Bord Gáis Éireann, conforming to the conditions contained in the Act and registered under the Companies Acts. The Water Services (No. 2) Act 2013 provides that the Commission for Energy Regulation (CER) is responsible for, inter alia, ensuring that water services are provided by Irish Water in an economical and efficient manner and for ensuring that Irish Water operates in a commercially viable manner, supporting investment in upgrading water and wastewater infrastructure.

The Government committed to a national programme to provide water meters to households that are connected to public water supplies, as a measure to support overall water resource management and underpin charging based on usage. Irish Water is committed to installing 1. 1 million domestic meters nationally by 2016, representing 80% of domestic customers. International evidence has shown that where meters have been installed, significant reductions have been achieved in the level of consumption and this is also borne out by the water savings achieved with metering in the group water sector. I understand that a comprehensive water conservation programme will be undertaken by Irish Water and will cover the full spectrum of measures including conservation-related customer awareness and education campaigns.

Questions Nos. 222 and 223 answered with Question No. 215.

Wind Energy Guidelines

Questions (224)

Helen McEntee

Question:

224. Deputy Helen McEntee asked the Minister for the Environment, Community and Local Government if he will confirm that existing wind farm project applications that have been submitted to An Bord Pleanála where no decision has been made will have to adhere to the new wind energy guidelines when they are published; and the date when the revised guidelines will be published. [43595/14]

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Written answers

In December 2013, my Department published proposed “draft” revisions to the noise, setbacks and shadow flicker aspects of the 2006 Wind Energy Development Guidelines. These draft revisions propose:

- The setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments,

- A mandatory minimum setback of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and

- The complete elimination of shadow flicker between wind turbines and neighbouring dwellings.

A public consultation process was initiated on these proposed draft revisions to the Guidelines, which ran until February 21st 2014. My Department received submissions from 7,500 organisations and members of the public during this period.

It is intended that the revisions to the 2006 Wind Energy Development Guidelines will be finalised as soon as possible. However, account has to be taken of the extensive response to the public consultation in framing the final guidelines. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the Wind Guidelines.

The revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. The 2006 Guidelines continue to apply to existing planning applications. Planning authorities, and, where applicable, An Bord Pleanála must have regard to guidelines issued under Section 28 in the performance of their functions under the Planning Acts.

I am precluded, under section 30 of the Planning and Development Act, 2000, from exercising any power or control in relation to any individual planning application or appeal with which a planning authority or An Bord Pleanála is or may be concerned. It is a matter for the relevant planning authority to make the appropriate determination in relation to a planning application or appeal, and my Department has no function in this regard. Planning authorities must 'have regard' to planning guidelines issued by my Department. However, these are issued for guidance purposes to assist planning authorities in the performance of their functions. Ultimately, planning authorities will make their own decision based on the specific merits or otherwise of individual planning applications.

Questions Nos. 225 and 226 answered with Question No. 218.

Voluntary Sector Funding

Questions (227)

Róisín Shortall

Question:

227. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government if he will provide an update on the Irish Deaf Society's appeal of the decision to cut their funding as part of his Department's review of public funding for national organisations in the health and disability sector; when he expects a decision to be reached in this case; and if he will make a statement on the matter. [43608/14]

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Written answers

The funding scheme to support national organisations in the community and voluntary sector aims to provide multi-annual funding to national organisations towards core costs associated with the provision of services. Applications for a new round of funding, which commenced on 1 July 2014, were subject to an appraisal process. My predecessor was anxious to make funding available to as many organisations as possible within the prevailing resource constraints and approved 55 applications for funding for the two-year period from 1 July 2014 to 30 June 2016, out of 157 applications.

Following the application and appraisal process, all applicants, including successful applicants were provided with an opportunity to discuss and receive feedback on the outcome of the appraisal process and the Departmental decision on their application to Pobal. Applicants were also provided with information and guidance in respect of how to submit an appeal should they feel the final decision was unreasonable or proper procedures were not followed.

Following the appeals process, Pobal recently submitted an appeals report to me. I am currently considering the contents of this report, and I intend to provide clarification as soon as possible.

Waste Management

Questions (228, 229)

Catherine Murphy

Question:

228. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if a waste licence, permit or certificate will allow a waste processing operator to continue operations where the exemption planning permission that was relied upon to operate the waste processing on the site was overturned by An Bord Pleanála; and if he will make a statement on the matter. [43610/14]

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Catherine Murphy

Question:

229. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if a waste licence, permit or certificate held by a waste processing operator provides for a third-party waste collector to continue to deliver waste to the site where an exemption planning permission for waste delivery to the site was overturned by An Bord Pleanála; and if he will make a statement on the matter. [43611/14]

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Written answers

I propose to take Questions Nos. 228 and 229 together.

It is a matter for local authorities to set and attach specific conditions to a waste facility permit, or certificate of registration and for the Environmental Protection Agency to set and attach such conditions as may be necessary in relation to a waste licence. Enforcement action against illegal waste activity is a matter for the local authorities and the Office of Environmental Enforcement (OEE) of the Environmental Protection Agency (EPA). I have no function in relation either to the setting of operating conditions or their enforcement.

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