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Wednesday, 8 Jul 2015

Written Answers Nos. 228-35

Housing Issues

Questions (228)

Dessie Ellis

Question:

228. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government if he is aware of the difficulties in getting a connection to the Electricity Supply Board power grid by those behind the Clare Lane, Dublin, development and other social housing initiatives; the delays this is causing in delivering this housing; and if he will make a statement on the matter. [27843/15]

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Written answers

It is a matter for all relevant local authorities, including in this case, Dublin City Council, to make the necessary arrangements for advancing new social housing developments, including resolving all issues in relation to utility companies.

Register of Electors

Questions (229)

Ruth Coppinger

Question:

229. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government the measures in place for the registration of homeless persons to vote; if he has provided any guidance or direction to local authorities on this matter; his plans to inform homeless persons of their entitlements to vote, and the locations they can register; and if he will make a statement on the matter. [27910/15]

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Written answers

In order to vote at an election or a referendum a voter must be registered in the appropriate register of electors for that election or referendum. The Electoral Act 1992 provides for the registration of voters where they are ‘ordinarily resident’. Depending on the circumstances, the registration authority may consider it appropriate to register a homeless person at a particular hostel or shelter where they may be residing, either permanently or temporarily.

While no specific guidance is given to registration authorities, I would expect, in the circumstances, that they take a reasonable and commonsense approach to the inclusion of homeless persons in the register of electors.

Housing Adaptation Grant Funding

Questions (230)

Shane Ross

Question:

230. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government if he will consider increasing the level of funding under the housing adaptation grant for people living with a disability to complete all 106 houses on the waiting list of Cork City Council for works to adapt their homes at an approximate cost of €4.3 million; if he is aware that all 106 houses are in urgent need of adaptation, with some waiting in excess of eight years; and if he will make a statement on the matter. [27923/15]

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Written answers

My Department provides funding to local authorities for various social housing supports, including for adaptations and extensions to the social housing stock to meet the needs of local authority tenants with a disability or to address serious overcrowding. Funding provided by my Department meets 90% of the cost of the works, with each local authority providing the remaining 10%.

In May I announced funding of €11m for these local authority house adaptations and extensions. Cork City Council received an allocation of Exchequer funding of € 554,019, a significant increase on the equivalent allocation in 2014 of € 361,204 . The administration of this funding locally is a matter for each local authority, including decisions in relation to the projects to be implemented.

Waste Management Regulations

Questions (231)

Róisín Shortall

Question:

231. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government in view of the introduction of the pay-by-weight model, the steps he is taking to ensure bin collection companies accurately assess the weight of refuse they collect; and if he will make a statement on the matter. [27937/15]

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Written answers

The Environment (Miscellaneous Provisions) Bill 2014 was amended at Dail Report Stage to include amendments to the Waste Management Act 1996. The amendments concerned provide for import ant reform of the regulatory framework for household waste collection, including strong new enforcement measures, a focus on enhanced standards and the introduction of pay by weight by all collectors.

The specific requirements in relation to the operation of pay by weight will be set down in section 34 of the Waste Management Act. This includes a new obligation on collectors to submit confirmation of annual inspections of their weighing system in accordance with the Legal Metrology (General) Regulations 2008. Where a collector fails to provide confirmation, they are liable for a Fixed Payment Notice (FPN) of €500. In addition, where a collector incurs 3 separate FPNs within a specified period, the local authority may initiate a review of the collection permit with a view to possible revocation.

Housing Issues

Questions (232)

Martin Heydon

Question:

232. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding the process for persons who face repossession of their home; and if he will make a statement on the matter. [27943/15]

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Written answers

In order for a household to qualify for social housing support, a housing authority must carry out an assessment to establish whether the household meets specified eligibility requirements and has a housing need. One of the housing need criteria prescribed in the Social Housing Assessment Regulations 2011 is that the household has a mortgage that is deemed to be unsustainable under the Mortgage Arrears Resolution Process. Qualification under this criterion is not dependent on the making of a possession order as my Department has advised housing authorities that, upon receipt of written confirmation from the lender that a household's mortgage has been deemed unsustainable, an authority may consider the household to have a housing need, even though the household may, at that time, remain the legal owners of the dwelling concerned.

Shared Ownership Scheme

Questions (233)

Martin Heydon

Question:

233. Deputy Martin Heydon asked the Minister for the Environment, Community and Local Government if his Department has plans to address the difficulties that will be faced by shared ownership home owners when they reach the end of their term, and who may be left with large unpaid rental portions, even though the capital element has been cleared by the end of the loan period; if guidance will be provided to local authorities dealing with these situations; and if he will make a statement on the matter. [27947/15]

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Written answers

My Department, with the assistance of the Housing Agency, the Housing Finance Agency and the Local Authority Housing Loans Management Group, has been examining the operation of the Shared Ownership Scheme for existing borrowers. The issues arising with Shared Ownership Schemes require careful consideration and expert financial data analysis.  

Arising from the findings of the review to date, with effect from the 1 July 2015 the Index Linked Shared Ownership Scheme (operational up to end-2002) has been revised with regard to the annual indexation of the rental equity balance and rental payments. These amendments will reduce the monthly cost for these borrowers and avoid existing rental equity balances increasing for the remaining term. My Department has issued directions to local authorities outlining the measures and I understand these changes are being applied to individual loan accounts.

In addition, the recent reduction of 0.20% in the Local Authority variable mortgage interest rate will also benefit many Share Ownership borrowers. This new rate cut will bring the variable mortgage interest rate charged to local authority borrowers down to 2.55% with effect from 1 July, saving borrowers around €17 per month on a typical mortgage of €100,000.

My Department, together with the other agencies, will continue to examine the operation of Shared Ownership loans and issues arising for some borrowers with a view to developing further measures that may assist with the affordability of these arrangements.

Local authority borrowers should contact their local authority if they are having difficulty making the repayments on their local authority mortgage or Shared Ownership arrangement. My Department’s latest guidelines for local authorities in dealing with mortgage arrears within the local authority sector, Dealing with Mortgage Arrears – A Guide for Local Authorities (June 2014), are available on my Department’s website at: www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,30943,en.pdf.

Local Authority Functions

Questions (234)

Clare Daly

Question:

234. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government if he is aware of section 136(2) of the Local Government Act 2001, as inserted by section 51 of the Local Government Reform Act 2014, that places an obligation on the chief executive of a county council to prepare a monthly management report in relation to the performance of that executive's executive functions during the preceding calendar month: that, in the case of Sligo County Council, in compliance with Department guidelines, the council resolved that the management report is to include details of major expenditure and income lines for each service division, including performance against figures provided in the adopted annual budget, and against expected income and expenditure profiles, details relating to the performance of the council's revenue collection levels, including aged debt analysis, details relating to recourse to the council's overdraft facility, number of days per month and interest incurred; that the management reports issued by the chief executive to the council each month do not include the information, as outlined above; the action the council and-or his Department will take in order to ensure that the council executive provides such important information to the elected council; and if he will make a statement on the matter. [27959/15]

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Written answers

Section 136(2) of the Local Government Act 2001, as inserted by section 51 of the Local Government Reform Act 2014, places an obligation on the chief executive of a local authority to prepare monthly management reports. These reports are intended to assist the elected members discharge their governance responsibilities and to oversee the executive in the delivery of the policies that the elected members have decided on, and also to have oversight of the chief executive’s discharge of his or her executive functions. While general guidelines have been issued by my Department as regards the form and content of such reports, I have no role in the detailed implementation of the relevant legislative provisions at local level.

Planning Issues

Questions (235)

Éamon Ó Cuív

Question:

235. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government in the context of his planning regulations regarding change of use-material change of use of retail units, if he will clarify the situation with regard to the opening of sex-adult shops in residential-sensitive localities to include proximity to schools; the regulations in relation to same in sensitive residential locations; if he is aware of Dublin City Council's city development plan policy to prevent such retail units in sensitive locations; if he is aware of the huge number of objections from parents in Drumcondra in Dublin 9 against the opening of a sex-adult shop across the road from a school (details supplied); if he will amend the regulations to prevent such shops setting up in existing retail units, as well as in new build units; if such changes can be made by ministerial order, or if primary legislation is required; if he will bring forward whatever changes are required to prevent such shops opening in such sensitive locations; if he will co-operate with democratically elected councils, whose development plans are being frustrated by inadequate regulations; and if he will make a statement on the matter. [27981/15]

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Written answers

The definition of shop, under Article 5 of the Planning and Development Regulations 2001, is based on the "retail sale of goods" and the nature of those goods is not referred to in planning legislation. By and large changing from one type of shop to another is exempted development unless the change has additional land-use impact, such as a change which involves now selling hot food for consumption off the premises.

Making a change to the exempted development provisions of the Regulations requires the positive approval of both Houses of the Oireachtas under section 262 of the Planning and Development Act 2000.

My Department will consider whether it is appropriate to make any changes to planning law in this area; this will need to take account of the fact that planning is largely concerned with the appropriateness of a particular development in terms of its land use impacts, such as amenity, visual impact, noise, traffic, overlooking, environmental effects, etc. It is unclear that adult shops have any such additional land use impacts as distinct from other shops, such that they should be governed by planning law.

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