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Tuesday, 22 Sep 2015

Written Answers Nos. 1394-1412

Local Authority Finances

Questions (1394, 1395)

Billy Kelleher

Question:

1394. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government the last communication between his Department's assistant secretary (details supplied) and-or other members of his staff with Sligo County Council's chief executive officer in relation to the finances of Sligo County Council; the form of this communication, that is letter, e-mail, phone call; the date this occurred; and if he will make a statement on the matter. [30579/15]

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Billy Kelleher

Question:

1395. Deputy Billy Kelleher asked the Minister for the Environment, Community and Local Government his views on the source of money Sligo County Council will use to pay the legal costs for the Lissadell case, alleged to be between €3 million and €5 million; his position on this; and if he will make a statement on the matter. [30580/15]

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Written answers

I propose to take Questions Nos. 1394 and 1395 together.

Sligo County Council’s financial position is of serious concern to me. While it is a matter for individual local authorities 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, including in relation to the agreement of a long term financial plan to address these issues.

My Department received a financial plan on 29 April and responded on 12 June. Further to this, Sligo County Council submitted an updated financial plan on 21 August; engagement is on-going in relation to the contents of this plan and I expect my Department will issue a response to the Council shortly.

Legal costs incurred by the Council are a matter for the Council to address in the context of their annual budgetary process.

Water Supply

Questions (1396)

Michael McNamara

Question:

1396. Deputy Michael McNamara asked the Minister for the Environment, Community and Local Government when reports on the results of the service indicators in local authorities for years subsequent to 2011 will be published; if he will provide figures on unaccounted for water (UFW) in 2012, 2013 and 2014; and if he will make a statement on the matter. [30582/15]

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Written answers

Data in relation to unaccounted for water in the period to 2013 is contained in the annual Local Government Management Agency (LGMA) Service Indicators reports. The most recent of these is the Service Indicators in Local Authorities 2013, which was published in December 2014. This report is available in the Oireachtas Library and on the LGMA’s website at: http://www.lgma.ie/en/serviceindicators/2004to2013. Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. This includes dealing with unaccounted for water in the public water supply.

Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.

Rights of Way Provision

Questions (1397)

Michael Healy-Rae

Question:

1397. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on a matter (details supplied) regarding changes to rights of way, public access, and so on, by local authorities; and if he will make a statement on the matter. [30588/15]

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Written answers

Section 14 of the Planning and Development Act 2000 provides for a process for the inclusion by a planning authority of a provision, in its development plan, relating to the preservation of specific public rights of way. Where such a proposal is being contemplated by the relevant planning authority, the section obliges that authority to serve notice (including particulars of the provision and a map indicating the right of way) of its intention to do so on any owner and occupier of the land over which the right of way exists. The process provides for the referral to the Circuit Court, by the landowner affected, of a proposal to include a right of way and where the court is satisfied that no right of way exists, the planning authority may not include it in its development plan.

Climate Change Policy

Questions (1398)

Mary Mitchell O'Connor

Question:

1398. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government if there was, or is, a plan to have a climate change awareness campaign delivered by his Department; if there is funding allocated towards this issue; and if he will make a statement on the matter. [30595/15]

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Written answers

A climate awareness campaign, the Change campaign, ran from 2007 to 2009. Prior to its conclusion, arrangements were put in place for the transfer of the main elements of the campaign website, Change.ie, to the Irish Library Council website. The website www.change.ie now redirects to a dedicated section on climate change on the www.askaboutireland.ie website.

Climate Change is also covered extensively in the energy theme of the Green Schools Scheme which receives funding from my Department. My Department also provides funding for a Climate Change Award under the Tidy Towns Competition.

I believe that engaging the public and stakeholders at key points in the development of climate policy and legislation also contributes significantly to raising awareness of the challenge of climate change and allows the public and stakeholders the opportunity to make their contribution to this important matter.

In this context, my Department proposes, in collaboration with the Department of Education and Skills and the EPA, to launch next month a logo design competition for the Climate Change Advisory Council (CCAC) that will be aimed at primary school students. This competition will be an opportunity for primary schoolchildren across Ireland to showcase their imagination and design talents and to inform themselves of the role that they can play in helping Ireland to contribute to meeting the global challenge of Climate Change.

I also launched a public consultation in June 2015 on the development of a low carbon plan - the National Mitigation Plan (NMP) - the primary objective of which will be to track implementation of measures already underway and identify additional measures within the longer term to reduce greenhouse gas emissions and progress the overall national low-carbon transition agenda to 2050. My Department received 50 submissions which are currently being analysed and which I propose to publish on my Department’s website shortly. I will also be seeking the views of stakeholders and the general public on a Scoping Report on the Strategic Environmental Assessment (SEA) of the NMP. The purpose of the scoping report is to provide preliminary information on the proposed NMP, with a view to establishing the scope, level of detail and approach required for the associated SEA.

My Department is also currently finalising Local Authority Adaptation Strategy Guidelines, which will provide local authorities with detailed guidance on drafting their own local climate change adaptation strategies. Prior to publishing the Guidelines, my Department intends to hold a number of workshops across the country to build capacity among local authority staff to use the Guidelines correctly and also to raise awareness at local authority level of the important role that they need to play in Ireland’s adaptation to the effects of Climate Change.

My Department is also assisting EPA with the development of the Climate Ireland web platform. Climate Ireland will be a one-stop, web-based resource of climate and adaptation information for Ireland with the specific purpose of facilitating decision-makers at local and sectoral levels in planning for climate change adaptation. It will also be a useful general climate awareness tool and will be accessible to the general public via www.climateireland.ie.

In terms of future initiatives, in the context of the development of NMP, the key issue of the role of behavioural change in the low-carbon transition process will be addressed and the need to conduct further climate awareness campaigns will be considered. I am also looking at opportunities to raise awareness of COP21, to take place in Paris at the end of this year, where the 192 Parties to the UN Framework Convention on Climate Change will meet with the aim of agreeing a new global, legally binding treaty on climate change.

Leader Programmes Administration

Questions (1399)

Noel Grealish

Question:

1399. Deputy Noel Grealish asked the Minister for the Environment, Community and Local Government if he will clarify the position where there are overlapping Leader local development strategies in a sub-regional area; if he will confirm that only one strategy can be chosen, and if the strategy chosen covers only part of the sub-regional area, that the remainder of that area will not receive Leader funding; if he will confirm if an expression of interest can be changed to include, or exclude, part of a sub-region after the initial expression of interest has been accepted; and if he will make a statement on the matter. [30604/15]

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Written answers

Ireland is conducting a two stage process for the selection of Local Development Strategies to support the delivery of the LEADER elements of the Rural Development Programme 2014-2020. Stage one, the Expression of Interest (EOI) stage, is complete but stage two is still on-going and therefore no entity has been selected to deliver LEADER in any area to date. In areas where entities do not come to an agreement and multiple strategies are submitted, it will be a matter for the Independent Evaluation Committee to make a decision on which Local Development Strategy should be selected.

This may be a single strategy for the entire sub-regional area or a strategy for part of the sub-regional area or a number of non-geographically overlapping strategies. There is a possibility that if two strategies overlap one may be chosen that does not cover the entire sub-regional area and in this situation the area outside of the strategy chosen will not be eligible for LEADER funding.

Priory Hall Development

Questions (1400)

Brendan Ryan

Question:

1400. Deputy Brendan Ryan asked the Minister for the Environment, Community and Local Government in relation to the implementation oversight group, set up under the aegis of his Department to oversee the overall implementation of the October 2013 Priory Hall resolution framework, if he will provide an update on the work of this oversight group; if the group has been in contact with property owners; and if he will make a statement on the matter. [30629/15]

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Written answers

An Implementation Oversight Group, chaired by Dr Martin McAleese, was established with representatives of the Priory Hall residents (both owner occupiers and buy-to-let owners), the Irish Banking Federation, Dublin City Council (DCC), my Department and the Department of the Taoiseach. The Group has met regularly and substantial progress has been made.

Detailed legal documents have been agreed and the ownership of the majority of owner occupier homes in Priory Hall has formally transferred to DCC, with the remaining transfers in train.

Many owner occupiers have received mortgage approval from their banks or have drawn down mortgages to purchase homes. In addition, DCC has arranged housing solutions on a case-by-case basis for the majority of owner occupiers seeking State-assisted housing.

The credit ratings of Priory Hall residents have been restored to their pre-evacuation levels and a moratorium has been put in place on the mortgages of buy-to-let owners until the refurbishment process is complete.

The refurbishment of the complex, involving complete renovation to make the apartments suitable for sale, is well underway with the first phases due to be ready for occupancy in early 2016.

EU Funding

Questions (1401)

Michael Healy-Rae

Question:

1401. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government his views on correspondence (details supplied) regarding funding; and if he will make a statement on the matter. [30728/15]

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Written answers

Ireland has received an allocation from the EU of €2.1 billion for the Rural Development Programme 2014-2020 (RDP). The EU Regulations provide for a minimum allocation of 5% for LEADER of the EU element of the Programme at a co-financed rate of 80%. This would have given an allocation of €136.8 million. This Government has increased the minimum allocation to 7% and will co-finance it at 37% giving a total of €235 million, made up of €148.05m in EU funding and €86.95m in national funding. Two Agri-Food schemes with a budget of €15 million will also be delivered using the LEADER approach bringing the total programme complement to €250m.

In determining the county allocations, three objective criteria were used, namely, minimum allocation, population density and a Resource Allocation Model (RAM). Each county was given a minimum allocation of €3 million to ensure that each received a viable level of funding. Using this methodology, which I am satisfied is fair and consistent, each county was allocated a proportionate share of the funding available through the LEADER elements of the RDP 2014-2020. On this basis, County Kerry received an overall allocation of just over €10.2m.

While the allocation for the LEADER element of the 2014-2020 Programme is less than the value of the LEADER element of 2007 – 2013 programme, I am confident that within the confines of the fiscal environment we have experienced in the recent past, the Government has allocated the maximum amount possible to support the LEADER elements of the 2014-2020 programme.  

Irish Water Expenditure

Questions (1402)

Michael Healy-Rae

Question:

1402. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government if he will address a matter (details supplied) regarding Irish Water; and if he will make a statement on the matter. [30729/15]

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Written answers

The Water Services (No. 2) Act 2013 requires Irish Water to seek the consent of the Minister for the Environment, Community and Local Government (and the Minister for Communications, Energy and Natural Resources, the Minister for Finance and the Minister for Public Expenditure and Reform) to borrow money. Following the commencement of Section 35 of the Water Services (No. 2) Act 2013, the Minister for Finance can no longer guarantee any debts of Irish Water and there is no guaranteed debt in issue. Ministerial consent has been provided for loan facilities of €450m with the Ireland Strategic Investment Fund, and in the amount of €710m with commercial banks, with a further €100m pending approval. When this approval is in place Irish Water will have delivered on its 2015 funding plan. In view of the fact that Irish Water has concluded its negotiations with the commercial banks, it has informed me that the weighted average margin on the €810m of facilities with the commercial banks is in the order of 1.5%.

Water Quality

Questions (1403)

Finian McGrath

Question:

1403. Deputy Finian McGrath asked the Minister for the Environment, Community and Local Government the reason persons are still being charged for water that has been tested as unfit for human consumption; his plans to make water fit for human consumption in the foreseeable future; and if he will make a statement on the matter. [30809/15]

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Written answers

With effect from 1 January 2014, Irish Water is responsible for public water services. One of the utility’s key objectives is to provide safe, clean drinking water on a consistent basis and improving water quality is prioritised in its capital investment strategy. The Water Services (No. 2) Act 2013 provides that Irish Water shall collect charges from its customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.

The CER has stated that where water is unfit for human consumption, i.e. where a boil water notice has been issued, or where a customer is subject to a drinking water restriction notice, affected customers will receive a 100% discount to the water supply portion of their bill for the duration of the restriction. The CER has a statutory responsibility under the Water Services Act 2014 to provide a complaints resolution service to Irish Water customers with an unresolved dispute with Irish Water. Following investigation and where a complaint is upheld, the CER has the power to direct Irish Water to resolve a complaint in a certain manner and, where appropriate, to pay a refund or compensation. 

I have no role in monitoring or supervising the delivery of water services or in the issuing of water restriction notices or waiving of water charges.

Planning Issues

Questions (1404)

Michael McGrath

Question:

1404. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government his plans to introduce new rules regarding the impact on adjoining premises of trees growing on a neighbour's property; and if he will make a statement on the matter. [30810/15]

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Written answers

Planning legislation places no specific restrictions on the height of trees, nor does it make any particular provision for remedy from any other nuisance which may be caused by trees in an urban residential area. However there is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on a person’s property. The previous Minister of State for Housing and Planning wrote to the Minister for Justice in June 2012 to explore the possibility of providing a broader civil law remedy for parties affected by high trees and hedges on adjoining properties. In this regard, advice was sought on the possibility of legislative provision being made whereby a person substantially deprived of the enjoyment of their property, such as the deprivation of light caused by high trees on a neighbouring property, could apply to the Courts for an order, and that the Courts could make an order as they see fit, e.g. to cut the trees back to an appropriate height.

The Minister for Justice responded in July 2012 suggesting that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation – which is being increasingly used internationally as a tool for the resolution of civil disputes - rather than through the Courts. In this regard, I understand that the Minister for Justice proposes to publish a Mediation Bill later in 2015. Such mechanism, when introduced, should assist in speeding up the resolution of civil disputes of this nature, reduce legal costs and ameliorate the stress of contested court proceedings.

Question No. 1405 answered with Question No. 1393.

Community Development Projects

Questions (1406, 1408)

Tom Fleming

Question:

1406. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will investigate the potential economic benefits of the community development programme, which provides local action groups with access to funding from EU social and regional funding; if he will urgently make submission to the EU for same; and if he will make a statement on the matter. [30913/15]

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Tom Fleming

Question:

1408. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will investigate the potential economic benefits of the community development LED local development programme, which provides local action groups with access to funding from EU social and regional funding; if he will urgently make a submission to the EU for same; and if he will make a statement on the matter. [30919/15]

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Written answers

I propose to take Questions Nos. 1406 and 1408 together.

I assume the Question is referring to the Social Inclusion and Community Activation Programme (SICAP), which was rolled out across communities on 1 April 2015. The aim of SICAP is to reduce poverty, promote social inclusion and equality through local, regional and national engagement and collaboration.

The programme’s target groups are children and families from disadvantaged areas, lone parents, new communities (including refugees and asylum seekers), people living in disadvantaged communities, people with disabilities, Roma, the unemployed (including those not on the Live Register), travellers, young unemployed people from disadvantaged areas and young people (aged 15-24) who are not in employment, education or training (NEETs).

SICAP is one of my Department’s key priorities and is operating for a 9 month period for 2015, with funding of €28 million. This includes an allocation of €2 million under the European Structural Funds (ESF) Programme for Employability, Inclusion and Learning (PEIL) 2014-2020 and €2 million under the Youth Employment Initiative.

The objective of the SICAP activities proposed for ESF funding is to support young people who are at a higher risk of social exclusion with a particular focus on those from disadvantaged communities and from target groups that have been prioritised as experiencing higher risk of social exclusion, to improve work readiness and access to employment including through the provision of educational supports.

SICAP is being overseen and managed by the Local Community Development Committees (LCDCs) in each Local Authority area. Each LCDC is mandated with bringing a more joined-up and coherent approach to the local management of public-funded programmes in the areas of economic, social and community development. The primary means through which this will be achieved will be the development and implementation of the community elements of the Local Economic and Community Plans, which are currently being developed in each Local Authority (LA) area. These plans will look to coordinate the delivery of community supports within their area.

During 2015, some 4,000 young unemployed people nationally will be supported through a range of defined activities under the programme, including training, job preparation/job search, work placements and mentoring.

Commission for the Economic Development of Rural Areas

Questions (1407)

Tom Fleming

Question:

1407. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will include County Kerry in the €2 million funded rural economic development zone pilot scheme, in order to encourage and promote local enterprise and development, and provide sustainable jobs, due to the lack of industrial development agency-led investment in the county; and if he will make a statement on the matter. [30915/15]

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Written answers

The Commission for the Economic Development of Rural Areas (CEDRA) identified, in its Report, the need to take a more tailored approach to planning at both a regional and local level and recognised that this approach should not be restricted by current administrative boundaries. In May 2015, I launched a pilot scheme, in line with the recommendations in the CEDRA report, with a budget of €2million to support 18 REDZ projects on a regional basis throughout Ireland. The overall aim of the pilot initiative is to learn from the projects and determine best practice with regard to how such projects should be initiated, designed, implemented and evaluated.

The scheme requires projects to outline how they propose to access matched funding in order to implement the pilot in specific REDZ areas. This will not only foster a local sense of ownership of the project but also ensure that local authorities and other interested stakeholders work together to develop and implement their project proposals.

Three applications have been received from County Kerry and are currently being assessed. I hope to be in a position to announce the successful REDZ pilots in the coming days.

Question No. 1408 answered with Question No. 1406.

Noise Pollution

Questions (1409)

Ruth Coppinger

Question:

1409. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government his views on enforcement of regulations related to nuisance noise from domestic alarms; the number of complaints made of domestic alarms not adhering to the regulations; and if he will make a statement on the matter. [30966/15]

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Written answers

My Department does not keep a record of the number of complaints made in relation to domestic alarms. The Private Security Authority (PSA), under the aegis of the Department of Justice and Equality, is responsible for the licensing, control and supervision of all installers of security equipment. The PSA has powers to maintain and improve standards in the provision of services, including standards for intruder alarms. As of 1 August 2006, alarm installers cannot legally operate without a PSA licence, the granting of which requires that the installer is compliant with the Irish Standard for intruder alarm systems, IS EN50131. While this standard does not specify a maximum decibel level, it does specify a maximum duration of 15 minutes for the sounding of external alarms on buildings, which must cease automatically after this maximum duration. This applies to all external alarms installed after 1 August 2006.

The Programme for Government includes a commitment to take further steps to address noise pollution, inter alia , through consideration of the introduction of fixed payment notices (also known as on-the-spot fines). The development of new noise legislation by my Department is being considered in the context of this commitment. However, as indicated in the Government’s Legislation Programme, it is not possible at this time to indicate when such a Bill might be published, having regard to the broad range of legislative priorities to be progressed across my Department’s remit.

In the meantime, a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.

Local Authority Housing Maintenance

Questions (1410)

Sean Fleming

Question:

1410. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government his policy in relation to the provision of heating systems in social houses funded by his Department; if there is a move away from solid fuel cookers and heating systems; and if he will make a statement on the matter. [30988/15]

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Written answers

The management and maintenance of local authority housing stock, including heating systems and the achievement of energy efficiency, is a matter for each relevant local authority, and it is open to each authority to address maintenance or improvements to their housing stock from within their own resources. My Department operates certain funding programmes to support local authorities in the development and improvement of social housing, including improving energy efficiency. Over the years 2004 to 2009, this included support for local authorities to carry out an extensive central heating upgrade programme in social housing, which saw the installation of central heating, and associated energy efficiency measures, in 27,750 such dwellings, at a cost to the exchequer of €140 million. My Department is not currently operating any programme to remove solid fuel cookers and heating systems in existing social houses.

Local authorities are currently undertaking an ambitious programme of insulation retrofitting on the least energy efficient social houses, with €77 million funding support being provided by my Department over the period 2013-201 5. To date this has resulted in improved comfort levels and Building Energy Ratings in over 30,000 local authority homes, benefitting those at risk of fuel poverty and making a significant contribution to Ireland’s carbon emissions reduction targets and energy reduction targets for 2020.

In relation to the construction of new social housing, cost effective compliance with the current Building Regulations necessitates the use of high efficiency or renewable heating systems such as gas or oil fired condensing boilers. Whilst solid fuel stoves may, with expensive compensatory measures be used, value for money considerations together with proper regard for the health of children and the elderly in terms of outdoor air pollution would preclude use of this form of heating. The high standards of insulation achieved in new homes, compliant with the Building Regulations, will reduce the cost of water and space heating required in a three bedroom home to about €470 per annum, thus reducing the dependency on solid fuel stoves.

Homeless Persons Data

Questions (1411, 1452)

Tom Fleming

Question:

1411. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will provide in tabular form the number of homeless persons in each county as of 30 August 2015; and if he will make a statement on the matter. [31001/15]

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Joe Costello

Question:

1452. Deputy Joe Costello asked the Minister for the Environment, Community and Local Government the number of rough sleepers by gender in each of the past ten years; and if he will make a statement on the matter. [31395/15]

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Written answers

I propose to take Questions Nos. 1411 and 1452 together.

Data on individuals in emergency accommodation is provided through the Pathway Accommodation & Support System (PASS). Lead housing authorities provide monthly reports on homelessness which identify the number of people utilising State-funded emergency accommodation on a regional and county basis. These monthly reports also provide details of the breakdown of the individuals and the numbers of families and dependents that are in emergency accommodation. These monthly reports are available on my Department’s website at the following link: www.environ.ie/en/DevelopmentHousing/Housing/SpecialNeeds/HomelessPeople/.

Details of the gender breakdown of rough sleepers nationally over the past 10 years are not held in my Department.

Homeless Accommodation Provision

Questions (1412, 1512)

Tom Fleming

Question:

1412. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government if he will consider the emergency provision of pre-fabricated buildings as an interim measure to facilitate some of the most urgent cases of persons who are currently accommodated in hotels, beds and breakfasts, hostels and so on; and if he will make a statement on the matter. [31002/15]

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Terence Flanagan

Question:

1512. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government if the proposed modular housing to address the homelessness crisis in Dublin will be subject to the normal planning permission process, or if new legislation will be introduced to fast track the planning process and enable the housing to be constructed as soon as possible; and if he will make a statement on the matter. [32117/15]

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Written answers

I propose to take Questions Nos. 1412 and 1512 together.

Against the backdrop of ongoing increases in the number of homeless households in the Dublin Region, the Dublin local authorities are exploring the potential for modular housing as an option for addressing emergency accommodation needs. Dublin City Council is overseeing a modular housing demonstration project, which includes units from six different contractors, each displaying a fully fitted housing unit. I have asked the City Council to develop the proposal further, as regards unit numbers, costs, timescales, etc.

As with any form of housing development all statutory obligations must be complied with, including planning, building control, fire safety, etc. As regards the planning process, in accordance with section 179 of the Planning and Development Act, and Part 8 of the Planning and Development Regulations, 2001, a local authority may carry out development in its functional area which does not contravene materially the development plan following a process of consultation.

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