Tuesday, 24 Mar 2015

Written Answers Nos. 905-919

Mortgage to Rent Scheme Administration

Questions (907, 910, 912)

Willie Penrose

Question:

907. Deputy Willie Penrose asked the Minister for the Environment, Community and Local Government his plans to restructure and recast the mortgage-to-rent scheme; if he will focus specifically upon increasing the eligibility limits by at least 30%, as they have not been adjusted since 2011, as well as permitting persons with low incomes but with some positive equity in their homesteads to participate in any such revised scheme with particular emphasis on local authorities as the vehicle for implementing an enhanced mortgage-to-rent scheme to help alleviate the ever-increasing mortgage crisis; and if he will make a statement on the matter. [11887/15]

Michelle Mulherin

Question:

910. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government his views on the operation of the mortgage-to-rent scheme to date including plans for expansion of the scheme; the number of homeowners in mortgage arrears who have availed of the scheme, on a county basis; the number of homeowners on mortgage arrears he estimates could qualify for the scheme; and if he will make a statement on the matter. [11941/15]

Finian McGrath

Question:

912. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government if he will raise the threshold up to a realistic level on the mortgage-to-rent scheme to protect families in their homes; and if he will make a statement on the matter. [11968/15]

Written answers

Minister for the Environment, Community and Local Government

I propose to take Questions Nos. 907, 910 and 912 together.

There are currently two mortgage-to-rent schemes in operation through my Department.

A scheme exists whereby a local authority (LA) can acquire ownership of properties with unsustainable local authority mortgages, thus enabling the household to remain in their home as a social housing tenant (LA- mortgage-to-rent). The other scheme provides for an Approved Housing Body (AHB) to acquire ownership of a property with an unsustainable private mortgage, which also enables the household to remain in their home as a social housing tenant (AHB-mortgage-to-rent). Both schemes assist families with income difficulties whose mortgages are unsustainable, and where there is little or no prospect of a significant change in circumstances in the foreseeable future.

To be eligible for the AHB-mortgage-to-rent scheme a household must have had their mortgage position deemed unsustainable under the Mortgage Arrears Resolution Process, agree to the voluntary surrender of their home, be in negative equity, and be deemed eligible for social housing in accordance with section 20 of the Housing (Miscellaneous Provisions) Act, 2009. Where a property is in positive equity other options are open to the household.

In order for a property to be considered under the AHB-mortgage to rent scheme it must be purchased by an Approved Housing Body for less than €220,000 (per property) in the Greater Dublin Area and €180,000 (per property) in the rest of the country. These limits were determined by a working group taking account of available market data including the current social housing acquisition limits. These limits are considered to be reasonable in respect of the income bracket that is targeted by the scheme.

A total of 2,762 cases had been submitted to date under the AHB-mortgage-to-rent scheme. Of these 1,897 were deemed ineligible or terminated during the process, of which 277 cases were not progressed because the household in question was deemed to be over or under-accommodated.

Of the remaining 865 cases submitted, agreement on the sale could not be agreed in 42 cases, 88 have been completed, 169 are currently with the lenders and the remaining 566 are still being actively progressed.

My Department has issued funding approval in respect of 122 cases. There has been an increase in cases being progressed through the scheme this year since a revised protocol was put in place. The operation of the Scheme is closely monitored on an on-going basis by my Department and the Housing Agency who are in regular contact with AHBs and financial institutions.

The LA - mortgage-to-rent (LAMTR) scheme, which was rolled out nationally in February 2014, allows local authorities to offer the mortgage to rent scheme to local authority mortgage holders with unsustainable mortgages. To date, 81 households in distress with local authority mortgage arrears have been assisted through the scheme. My Department has invited the submission of the first tranche of 2015 LAMTR claims from local authorities by 30 April 2015.

A breakdown of MTR by Local Authority area is shown in the table.

Local Authority	AHB-MTR	LA-MTR
Carlow County Council	4	2
Cavan County Council	1	2
Clare County Council	2	1
Cork City Council	4
Cork County Council	3
Donegal County Council		3
Dublin City Council	14	42
Dun Laoghaire/Rathdown County Council	1
Fingal County Council	4
Galway City Council
Galway County Council	1
Kerry County Council	1
Kildare County Council	6	1
Kilkenny County Council	3	1
Laois County Council	1	2
Leitrim County Council	1
Limerick City and County Council	4
Longford County Council
Louth County Council	9	1
Mayo County Council
Meath County Council	7
Monaghan Town council
Offaly County Council	2
Roscommon County Council		1
Sligo County Council
South Dublin County Council	5
Tipperary County Council	3
Waterford County Council	6
Westmeath County Council	2	24
Wexford County Council	1	1
Wicklow County Council	3
Grand Total	88	81

Building Regulations

Questions (908, 917)

Shane Ross

Question:

908. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government when the proposed review of the building standards regulations Building Control (Amendment) Regulations 2014, SI 9 of 2014, will take place; with particular emphasis on whether the need for a B(C)AR certifier will continue under the reviewed regulations; his views on the heavy costs associated with the B(C)AR certifier, especially for those who own small private properties (details supplied); and if he will make a statement on the matter. [11927/15]

Patrick O'Donovan

Question:

917. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government the progress made in reviewing the inspection process for the new building regulations; when a decision is due to be made; and if he will make a statement on the matter. [12024/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

I propose to take Questions Nos. 908 and 917 together.

My Department has given preliminary consideration to the arrangements in place for oversight of new single dwellings and extensions to existing dwellings in advance of the anticipated full formal review of the broader operation of the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014).

While costs are determined by market forces and are therefore outside of the scope of my regulatory powers, I recognise the importance of ensuring that the regulations do not impact unduly on one-off housing and extensions to dwellings, particularly in relation to cost. I expect to announce the commencement of the review very shortly.

Nuclear Plants

Questions (909)

Anne Ferris

Question:

909. Deputy Anne Ferris asked the Minister for the Environment, Community and Local Government if any agency of his Department has prepared a submission or is otherwise involved in consultation regarding the ongoing approval process by the Office for Nuclear Regulation for the Westinghouse nuclear reactor in Cumbria, England; and if he will make a statement on the matter. [11935/15]

Written answers

Minister for the Environment, Community and Local Government

Ireland has been regularly involved in the consultation process on the new-build nuclear programme in the UK since the programme was announced in 2009. Ireland's priority is the safety of the Irish people and the protection of our environment, including the shared marine environment of the Irish Sea. In this regard, my Department and the EPA's Office of Radiological Protection (formerly the Radiological Protection Institute of Ireland or RPII) meet regularly with their UK counterparts on the new nuclear build plans to seek information and highlight any concerns Ireland may have.

While the Westinghouse AP1000 reactor was considered in the context of a Report published by the RPII in May 2013 on the potential radiological implications for Ireland of the proposed nuclear power plants in the UK, no specific submission was made in relation to it.

The RPII Report found that the routine operation of the proposed nuclear power plants will have no measurable radiological impact on Ireland or the Irish marine environment. The Report is available at the following link: http://www.epa.ie/pubs/reports/radiation/proposednuclearpowerplantinuk.html.

Question No. 910 answered with Question No. 907.

Local Authority Housing

Questions (911)

Sandra McLellan

Question:

911. Deputy Sandra McLellan asked the Minister for the Environment, Community and Local Government his plans to ensure that children who are brought up in local authority housing have some kind of right to remain in their family home were something to happen to their parents, in view of the fact that at present they cannot be put on the tenancy until they are 18 years old, if a relative could move in to look after the children; and if he will make a statement on the matter. [11944/15]

Written answers

Minister for the Environment, Community and Local Government

It is a matter for each housing authority, as part of its housing management functions, to determine the conditions in relation to succession to local authority tenancies in its area.

I understand that the conditions vary from one authority to another, but any prospective successor would typically have to have resided in the property for a specified period, prior to the death of the family member, and have been included in the family household details for rent assessment purposes for a minimum period.

I will keep the issue of succession under consideration in the context of future housing policy and legislation.

Question No. 912 answered with Question No. 907.

Rental Accommodation Scheme Administration

Questions (913)

Finian McGrath

Question:

913. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the rental accommodation scheme; and if he will make a statement on the matter. [11971/15]

Written answers

Minister for the Environment, Community and Local Government

A Residential Tenancy Agreement under the Rental Accommodation Scheme (RAS) involves a three way contractual relationship between landlord, tenant and the housing authority.

Under the agreement, in return for a guarantee that the housing authority will pay an agreed monthly rent to a landlord under the scheme, the landlord agrees to fulfil certain terms and conditions. These terms and conditions include providing the authority with a tax clearance certificate, repairing and maintaining the property to the proper standards, notifying the housing authority when the property becomes vacant and terminating a tenancy when requested to do so by the housing authority.

In the event of a persistent breach by the landlord of a Residential Tenancy Agreement, for example, where a landlord has failed to carry out essential repairs or improvements to the property, in the first instance the housing authority should make every effort to reach agreement with the landlord to remedy the situation. However, in the event that the breach continues then the housing authority can suspend payment to the landlord, by giving 21 days written notice.

If a landlord does not comply within the timeframe allowed, the contract is terminated by the local authority. Under the terms of the Rental Accommodation Scheme local authorities retain responsibility to source further accommodation for a RAS household, should the dwelling that the household is living in become unavailable through no fault of their own.

Leader Programmes Funding

Questions (914)

Brian Stanley

Question:

914. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the reason a development (details supplied) in County Westmeath received more than €13,400 in Leader funding between 2008 and 2013; the reason an official has failed to reply to numerous registered letters from a public representative regarding same; the reason an unauthorised development could receive Leader funding between 2008 and 2013 when the property was the subject of an enforcement order in 2012. [11981/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Westmeath Community Development Ltd. is contracted to deliver the LEADER element of the Rural Development Programme 2007-2013 (RDP) in Westmeath and is the decision-maker in relation to the allocation of project funding. This is in line with the 'bottom up' approach to rural development. Any correspondence submitted to my Department in relation to this matter to date has been replied to.

The project referred to in the Question received LEADER funding of €13,387 towards the formulation of a strategic plan, which reviewed amongst other matters, environmental and planning considerations for the future development of the marina in question. This was purely a research project and the issue of planning permission did not arise.

The enforcement order referred to in the Question was issued by Westmeath County Council on 5 October 2013 which was several months after the completion of the feasibility study and payment of the grant to this project.

Local Authority Housing

Questions (915)

Arthur Spring

Question:

915. Deputy Arthur Spring asked the Minister for the Environment, Community and Local Government his plans to introduce a scheme which will allow local authorities to purchase private houses which have been put up for sale by the owner. [12006/15]

Written answers

Minister for the Environment, Community and Local Government

The funding that is provided by my Department to local authorities for social housing supports the development of new social housing units and also the purchase of units that may be privately owned. A similar approach applies to funding sanctioned by local authorities to approved housing bodies, which can be for either new build or the acquisition of existing housing units.

There are some instances where funding for social housing developments is linked to job stimulus programmes and, in those cases, it is a requirement that funding is used for new social housing developments.

However, in general, it is a matter for each local authority, as the housing authority for its area, to identify the social housing need and to respond as required. There can be opportunities to achieve good value for money through acquiring built units and that is why the flexibility to do so is available to local authorities. Where acquisitions are undertaken for social housing purposes, I expect local authorities to do so in a way that is sensitive to issues such as tenure mix and impact on the local housing market.

Rights of Way Registration

Questions (916)

Niall Collins

Question:

916. Deputy Niall Collins asked the Minister for the Environment, Community and Local Government the process for registration of a right of way on private lands; if a register of rights of way is kept and by whom; and if he will make a statement on the matter. [12010/15]

Written answers

Minister of State at the Department of the Environment, Community and Local Government

Section 7 of the Planning and Development (Amendment) Act 2010 requires the inclusion of a mandatory objective in an area's development plan for “the preservation of public rights of way which give access to seashore, mountain, lakeshore, riverbank or other place of natural beauty or recreational utility, which public rights of way shall be identified both by marking them on at least one of the maps forming part of the development plan and by indicating their location on a list appended to the development plan”.

It is, of course, a matter for planning authorities to implement such policies in the context of their development plans. In this context, and as statutory consultee, my Department continues to provide advice and comments to planning authorities on their draft development plans and indeed may refer to matters relating to rights of way from time to time, as appropriate.

Question No. 917 answered with Question No. 908.

Fire Stations Provision

Questions (918)

Tony McLoughlin

Question:

918. Deputy Tony McLoughlin asked the Minister for the Environment, Community and Local Government in view of the fact that discussions have been ongoing for a number of years regarding the provision of a new fire station in Ballyshannon, County Donegal; if he will provide an update on the current situation regarding the proposed development of the Ballyshannon fire service; and if he will make a statement on the matter. [12059/15]

Written answers

Minister for the Environment, Community and Local Government

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs, the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Act, 1981. My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects.

Donegal County Council, in partnership with my Department, has made substantial progress in modernising fire stations in Co Donegal and has replaced 12 of the 15 fire stations following investment of some €11 million by my Department over the last decade or so. The following towns in County Donegal are now served by modern fire stations with full facilities: Millford (1998); Buncrana (2000); Letterkenny (HQ) and An Fal Carrach (both in 2003); Carndonagh and Donegal Town (both in 2004); Killybegs (2005); An Clochan Liath, Glenties and Moville (all in 2007); and most recently Gaoth Dobhair and Stranorlar (2009). My Department has channelled significant investment to fire authorities over the last number of years and as a consequence, the high quality of Ireland's fire service infrastructure is now widely acknowledged.

With regard to the provision of a new fire station in Ballyshannon, while this issue has been the subject of discussions with the Local Authority for a number of years, my Department awaits receipt of a fully updated proposal, taking into account, among other issues, site suitability, fire cover requirements and prioritisation of projects.

In further considering any proposal, my Department must have regard to national priorities for funding in this area and the totality of requests from fire authorities countrywide. The priorities of Donegal County Council, the extent of current and previous investment in Donegal Fire services and the status of existing facilities having regard to area risk categorisation, will also fall to be considered.

Question No. 919 answered with Question No. 866.