Written Answers Nos. 491-504
491. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he will provide an update on the implementation of the new building regulations introduced in March 2014; and if he will make a statement on the matter. [44764/14]
View answer492. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if he has considered mandatory project insurance in view of the new building regulation regime; and if he will make a statement on the matter. [44765/14]
View answer493. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government if his Department has undertaken a study of the additional costs for one-off houses generated by the new building regulations; and if he will make a statement on the matter. [44766/14]
View answerI propose to take Questions Nos. 491 to 493, inclusive, together.
Over 4,700 new construction projects have been notified to Building Control Authorities across the local government sector since the Building Control (Amendment) Regulations 2014 regulations came into operation on 1 March 2014.
Evidence to date suggests that the Construction industry is responding well to the new regulatory framework. Oversight of activity by industry and by local building control authorities has improved immeasurably and authorities have ready access to detailed data on projects via the online Building Control Management System. The online system streamlines building control administration and enables authorities to identify risks and track progress.
A Framework for Building Control Authorities was adopted by the City and County Management Association on 17 July 2014 – these common protocols add clarity, efficiency and consistency to building control activities across the local government sector.
I am satisfied that the new regulatory framework represents a reasonable and appropriate response to the many building failures that occurred in the past decade. The enhanced professionalism and accountability arising from the arrangements under the new Regulations will lead to improved quality and reduce risk within the construction sector. This will in turn lead to market conditions more conducive to insurers and a wider availability and use of latent defects insurance. However, the Government has undertaken to explore the potential for latent defects insurance on construction projects as part of the wider reform of building control arrangements and this matter is currently being progressed within my Department.
In relation to the issue of cost, I refer to the reply given to Questions Nos. 259, 268, 269 and 285 of 4 March 2014 which sets out comprehensively how the impact of the regulations, including the cost impact, was viewed by my Department in the context of the comprehensive public consultation that informed and preceded the making of the regulations. A number of cases have, however, been brought to my attention whereby consumers have been quoted exorbitant charges for professional services in relation to residential construction projects, particularly single house projects. The new regulations support improved competence and professionalism which will provide additional work opportunities for competent practitioners and construction professionals. However, the consumer should not have to pay a premium for such services and, if concerns about value for money for consumers prove to be well-founded, I will consider any reasonable and appropriate steps that may be required to address the issue.
495. Deputy Joan Collins asked the Minister for the Environment, Community and Local Government if he has directed Sligo County Council to include measures in its annual budget to ensure that the council will return a surplus of €1 million on its revenue account for 2015; and if he will make a statement on the matter. [44807/14]
View answerThe continued deterioration of Sligo County Council’s financial position is of serious concern. Sligo County Council has incurred revenue deficits for the last 6 years, has an accumulated deficit of over €19m and also has long term debt of over €120m.
It is a matter for each local authority, including Sligo County Council, to determine its own spending priorities in the context of the annual budgetary process having regard to Government policy and both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority. While it is a matter for individual local authorities, including Sligo County Council, to manage their own day-to-day finances in a prudent and sustainable manner, my Department is in regular consultation with the Council in relation to its financial position.
The next steps to move to a sustainable financial position need to be taken by Sligo County Council, and need to be reflected both in its budget for 2015 and through the agreement of a long term financial plan with my Department.
496. Deputy Stephen S. Donnelly asked the Minister for the Environment, Community and Local Government the existing powers in planning legislation that could be used to prevent fast food outlets setting up in close proximity to schools; and if he will make a statement on the matter. [44818/14]
View answerPlanning authorities may, when adopting the local area plan for their areas, adopt policies to curtail an excessive concentration of fast food outlets in particular areas.
Under planning legislation the change of use of any premises to a takeaway or fast food outlet would require planning permission. In deciding whether or not to grant permission for a development, the relevant planning authority or An Bord Pleanála must consider the proper planning and sustainable development of the area having regard to the provisions of the development plan, any submissions or observations received, and relevant ministerial or Government policies including any guidelines issued by my Department. The Local Area Plan Guidelines for Planning Authorities (June 2013) recognise the important role of planning in promoting and facilitating active and healthy living patterns for local communities. For example, the Guidelines outline that the local area plan can promote active and healthier lifestyles by ensuring that, inter alia, exposure of children to the promotion of foods that are high in fat, salt or sugar is reduced through careful consideration of the appropriateness or location of fast food outlets in the vicinity of schools and parks.
497. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 497 of 11 November 2014, the costs of administering a single renewal notice and tax disc. [44827/14]
View answerMotor tax can either be renewed in a local authority motor tax office or online at www.motortax.ie, which is maintained by the National Vehicle and Driver File (NVDF), under the auspices of the Department of Transport, Tourism and Sport.
I am not in a position to provide the cost of administering a single tax disc as cost information is not measured in this manner. Similarly, I am not in a position to provide the cost of a single renewal notice as these notices are issued by the NVDF.
498. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 497 of 11 November 2014, if his attention has been drawn to the fact that many persons cannot afford to pay their motor tax in a single lump sum and that they are then penalised with extra costs for paying the tax every three or six months; and the steps he will take to ensure a fairer system is put in place. [44828/14]
View answerMotor tax is payable on an annual, half-yearly or quarterly basis. The rates applicable for the half-yearly and quarterly options are 55.5% and 28.25% of the annual charge, respectively. These relativities have remained generally consistent since the 1960s.
The differential takes account of the extra workload for staff in motor tax offices and the National Vehicle and Driver File and the resultant administrative costs and printing costs that arise, including the issuing of renewal notices. Each quarterly renewal of motor tax follows the same administrative procedures as the annual renewal process. Consequently, renewing on a quarterly basis generates four times the workload of an annual renewal for the equivalent period.
The estimated additional annual income from the increased charges for half-yearly and quarterly discs is in the region of €50m. A loss of income from this source would have a negative impact on the total collected via motor tax and would have to be borne elsewhere in the motor tax system or through the taxation system generally.
I have no plans currently to review the basis for paying motor tax on a half-yearly or quarterly basis.
499. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government the concessions on water charges that are being proposed for community and voluntary organisations such as sports clubs, crèches and so on; and if he will make a statement on the matter. [44874/14]
View answerSince 2001, national water pricing policy has required local authorities to recover the costs of providing water services from all non-domestic users of these services, including community and voluntary organisations such as sports clubs and crèches. This policy provided for charges based on actual metered consumption and is consistent with the requirements of the Water Framework Directive.
The existing arrangements for all non-domestic customers are remaining in place with no changes for the time being. On this basis, the local authorities will continue to bill for non-domestic water services as agents of Irish Water. The Commission for Energy Regulation (CER) will be reviewing all aspects of non-domestic water tariffs under a series of public consultations and will publish the time-line for this process before the end of 2014.
501. Deputy Dara Calleary asked the Minister for the Environment, Community and Local Government if he will provide an update on the progress of an investigation under way in his Department (details supplied); if it is his plan to publish the original complaints that have led to this investigation and if he will consider placing them on the record of Dáil Éireann; if he will provide all the affected parties with a copy of the interim report of the investigation prior to publication; his views on the conduct of the investigation; if other bodies have been involved in the investigation, for example, An Garda Síochána; if so, the current status of their involvement; if he will provide in tabular form a detailed schedule of the costs associated with this investigation to date showing where these costs have arisen; and if he will make a statement on the matter. [44912/14]
View answerMayo North East Leader Partnership is the Local Action Group contracted by my Department to deliver both the LEADER elements of the Rural Development Programme (RDP) 2007 – 2013 and the Local Community Development Programme to the North Mayo area. On foot of correspondence received in 2011 regarding a possible governance issue at Mayo North East LEADER Partnership Company, a comprehensive investigation into the issues outlined was carried out by the Inspection Services Section within my Department. As the investigation was effectively carried out in-house, additional costs were minimal.
The Final Report has been provided to the Department of Agriculture, Food and the Marine, the Managing Authority for the RDP, which subsequently reported the findings to the European Commission and to the external accreditation auditors (Deloitte). The findings of the investigation have also been reported to both the Garda Bureau of Fraud Investigation and the Standards in Public Office Commission and consideration of these findings are now subject to the relevant processes in these bodies. As I understand it, a Garda investigation is currently under way and therefore, at the request of the Gardaí, I am not at liberty to make the original complaint or the final report available to any other parties pending the outcome of the investigation.
502. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government if he will provide an update on the review of the wind farm guidelines that his Department was undertaking; and if he will make a statement on the matter. [44949/14]
View answer516. Deputy Anthony Lawlor asked the Minister for the Environment, Community and Local Government when he will publish the new revised wind energy guidelines; if they will be adopted with immediate effect; if he will confirm that, irrespective of when an application is lodged, An Bord Pleanála will apply the new guidelines; and if he will make a statement on the matter. [45165/14]
View answerI propose to take Questions Nos. 502 and 516 together.
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 21 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.
503. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his Department's policy regarding car washes operating without planning permission and that do not comply with environmental standards; and if he will make a statement on the matter. [45032/14]
View answerUnder the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission. There is no specific exemption for car wash facilities.
The consideration of a planning application for the operation of a car wash would also involve consideration of the requirements of the Environmental Impact Assessment Directive 2011/92/EU, and the Habitats Directive 1992/43/EEC, as transposed in the Planning Act.
Any development that is carried out without planning permission or that does not comply with the terms of a planning permission is unauthorised development and may be subject to enforcement action by a planning authority. Decisions on planning applications and enforcement are made by planning authorities in the first instance and I have no role in relation to the matter.
Under the Local Government (Water Pollution) Acts 1977 and 1990, it is an offence to permit polluting matters to enter waters. The Acts require that discharges of trade effluent to waters or to sewers are licensed by local authorities and Irish Water respectively. In granting a licence, conditions may be attached covering, for example, the nature, composition and volume of discharges.
In addition, local authorities have a general responsibility for the monitoring, management, protection and improvement of water quality. The Environmental Protection Agency, through its Office of Environmental Enforcement, exercises general supervision in relation to the performance of these functions by local authorities.
504. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the status of an application to Mayo North East Leader Partnership Company in respect of an association (details supplied) in County Mayo; the reason for the continuing delay; if it will be expedited; and if he will make a statement on the matter. [45033/14]
View answerIn line with the ‘bottom-up’ approach to rural development under the LEADER elements of the Rural Development Programme 2007-2013, the Local Action Groups (LAGs) are the principal decision-makers in relation to the allocation of project funding. Such decisions are made in the context of the local development strategy of the individual groups and in line with the Programme’s Operating Rules and EU regulations.
I understand that an application from the promoter referred to was received by Mayo North East LEADER Partnership (MNELP). However, the project in question falls outside the operational area of MNELP and the promoter has been informed of this fact.
