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Tuesday, 22 Sep 2015

Written Answers Nos. 1413-1431

Waste Management

Questions (1413)

Fergus O'Dowd

Question:

1413. Deputy Fergus O'Dowd asked the Minister for the Environment, Community and Local Government his views on issues raised in correspondence (details supplied) regarding sewage; and if he will make a statement on the matter. [31022/15]

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Written answers

Under section 60(3) of the Waste Management Act 1996, I am precluded from exercising any power or control in relation to the performance by the Environmental Protection Agency or a local authority, in particular circumstances, of a statutory function vested in it, including enforcement functions. Issues concerning the enforcement of waste management legislation are a matter for the appropriate regulatory authority and should therefore be pursued with the Environmental Protection Agency (EPA) or the relevant local authority, as appropriate.

The sewage sludge composting facility in question is regulated and required to operate in accordance with planning permission granted by An Bord Pleanála and a Waste Facility Permit granted by the local authority in whose functional area is located.

The monitoring and enforcement of conditions attaching to planning permissions and waste permits are a matter for the relevant planning and local authority, respectively, and any suspected breach of the conditions attached to either should be brought to the attention of the relevant authority.

The Office of Environmental Enforcement (OEE) within the EPA has a mandate to deliver enhanced environmental compliance, both through enforcement of Agency licences issued to waste, industrial and other activities, and also through the supervisory role which it exercises in respect of the environmental protection activities of local authorities. A complaint may be referred further to the OEE in cases where a local authority has investigated a complaint and the problem persists.

It is understood that the facility in question has applied to extend its operations to include anaerobic digestion and that the proposed changes require planning permission and a Waste Licence ( issued by the EPA ). It is further understood that the facility has made an application to the EPA for such a licence. Should such a licence be issued, the OEE will be responsible for enforcing any conditions attached to that licence.

Additionally, if a breach of the Waste Management (Use of Sewage Sludge in Agriculture) Regulations 1998, as amended, is suspected, this should also be brought to the attention of the local authority in whose functional area the alleged breach takes place. Those seeking to spread sewage sludge are required under legislation to:

- Seek written acceptance for the suitability of spreadlands by submitting a Nutrient Management Plant to the Local Authority in whose area the sludge is to be recovered;

- Satisfy themselves as to whether a Waste Licence, Permit or Certificate of Registration is also required for their proposed spreading activity and apply to the relevant authority where necessary;

- Apply to the Local Authority in whose area the sludge is to be stored, as required under the Waste Management (Registration of Sewage Sludge Facility) Regulations 2010;

- Supply the information required for the Sludge Register to the Local Authority, in a format and frequency required by the Local Authority;

- Ensure that vehicles transporting the waste hold a Waste Collection Permit as required under the Waste Management (Collection Permit) Regulations 2007; and

- Investigate whether the activity of spreading, or the storage of sewage sludge requires Planning Permission.

In addition, local authorities require that the spreading of sewage sludge is subject to compliance with relevant codes of practice, e.g. Code of Good Practice for the Use of Biosolids in Agriculture.

Allegations regarding the contravention of Department of Agriculture, Fisheries and the Marine legislation or guidelines developed by bodies under its aegis are matters for that Department and those bodies, respectively.

Local Authority Housing Provision

Questions (1414)

Michael Healy-Rae

Question:

1414. Deputy Michael Healy-Rae asked the Minister for the Environment, Community and Local Government the amount of funding that will be provided to create a fund to support new housing developments; when this money will become available to local authorities; if he will provide details on the funding; and if he will make a statement on the matter. [31026/15]

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Written answers

Under the Government’s Social Housing Strategy 2020, substantial funding is being made available to support the delivery of new social housing units. This includes funding provided to housing authorities for the construction and acquisition of houses and apartments to assist in meeting the needs of those on the social housing waiting lists. Earlier this year, I announced social housing delivery targets and provisional funding allocations for all local authorities out to 2017; these are available on my Department’s website at the following link: http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,41016,en.htm.

In May 2015, I announced the first major Social Housing construction programme for some years, involving €312 million of investment, comprising some 100 projects and 1,700 housing units. Full details, including specifics of the projects to be progressed, funding allocated and units to be delivered across all local authorities, is available on my Department’s website at the following link: http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,41340,en.htm.

I announced a further investment of over €151 million under the Capital Assistance Scheme in July 2015. This will deliver over 1,000 new units for homeless persons, for the elderly and for people with disabilities. A further tranche of local authority build projects was also announced at that time, to the value of €30m, to build in excess of 100 new social housing units. Full details, including specifics of the projects to be progressed, funding allocated and units to be delivered across all local authorities, is available on my Department’s website at the following link:

http://www.environ.ie/en/DevelopmentHousing/Housing/News/MainBody,42225,en.htm.

I will be making further announcements in due course in relation to delivery in line with the Social Housing Strategy, including support for new social housing developments by local authorities.

Motor Tax Collection

Questions (1415)

Sean Fleming

Question:

1415. Deputy Sean Fleming asked the Minister for the Environment, Community and Local Government the documents acceptable to local authorities to enable them to tax a goods vehicle as opposed to a vehicle for private use; if there is a common list of documents required across all local authorities; if he has made any inquiry on this matter; and if he will make a statement on the matter. [31048/15]

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Written answers

Licensing authorities have an obligation under Article 3 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 to be satisfied that a vehicle is correctly taxed and it is open to a motor tax office to request supporting documentation where the goods rate of motor tax is being sought . Such documentation may include a certificate of commercial insurance or evidence of registration for tax or VAT or, at the discretion of the licensing authority concerned, any other appropriate document that would indicate that the applicant is in trade or business. It is up to the individual concerned to provide whatever evidence is required by the licensing authority in order for it to be satisfied that the applicant is entitled to claim what is in effect a concessionary rate of motor tax.

Planning Issues

Questions (1416)

Mary Mitchell O'Connor

Question:

1416. Deputy Mary Mitchell O'Connor asked the Minister for the Environment, Community and Local Government when the Telecommunications Antennae and Support Structures - Guidelines for Planning Authorities will be updated; and if he will make a statement on the matter. [31054/15]

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Written answers

My Department published Guidelines for Planning Authorities on Telecommunications Antennae and Support Structures in 1996. In 2012, my Department issued a circular letter to planning authorities updating certain sections of these Guidelines, under section 28 of the Planning and Development Act 2000, which planning authorities are required to have regard to in the performance of their functions. The Guidelines are available on my Department’s website at the following weblink: http://www.environ.ie/en/DevelopmentHousing/PlanningDevelopment/Planning/PlanningGuidance/.

The Guidelines are kept under review in light of best scientific evidence and technical advice.

Mortgage to Rent Scheme Administration

Questions (1417)

Michael McGrath

Question:

1417. Deputy Michael McGrath asked the Minister for the Environment, Community and Local Government the position regarding a mortgage to rent case for persons (details supplied) in County Cork; the next steps in the process; the estimated timeframe for its completion; and if he will make a statement on the matter. [31059/15]

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Written answers

Under the Approved Housing Body (AHB) Mortgage to Rent scheme properties are offered to AHBs, which have expressed an interest in the scheme, by the Housing Agency. Financial details of the case are provided to enable the organisation make an informed choice as to the feasibility of the transaction. If an AHB cannot progress the case the Housing Agency is informed to enable it to seek an alternative AHB. In respect of the case referred to in the Question, the property was assigned to an AHB for purchase. However, it would appear that the AHB has had difficulty raising the remaining finance required to complete the transaction. In such a circumstance, the organisation is expected to either resolve the issue or return the case to the Housing Agency for consideration by other AHBs as quickly as possible.

The Housing Agency is now working to identify another AHB to conclude this case and will offer it to the panel of AHBs by the end of this month. Once an AHB is identified, the case should be progressed as quickly as possible to ensure that there is the least amount of uncertainty for the household involved.

Question No. 1418 answered with Question No. 1393.
Questions Nos. 1419 to 1421, inclusive, answered with Question No. 1367.

Departmental Funding

Questions (1422, 1423)

Ruth Coppinger

Question:

1422. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 116 of 5 February 2014, if he will provide the figures for the funding of a company (details supplied) for the year 2015. [31104/15]

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Ruth Coppinger

Question:

1423. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government further to Parliamentary Question No. 217 of 16 January 2014, if he will provide the figures for the funding of a company (details supplied) for the years 2014 and 2015. [31105/15]

View answer

Written answers

I propose to take Questions Nos. 1422 and 1423 together.

During 2014 and 2015, my Department provided funding to the company referred to by the Deputy under a range of programmes, including the Local and Community Development Programme (LCDP), the new Social Inclusion and Community Activation Programme (SICAP), and the LEADER elements of the Rural Development Programme 2007 - 2014. A total of €4,809,345 was provided to the company in 2014 and an amount of €1,791,314 has been provided to the company in question to date in 2015.

Question No. 1424 answered with Question No. 1367.

Mortgage to Rent Scheme Applications Data

Questions (1425)

Tom Fleming

Question:

1425. Deputy Tom Fleming asked the Minister for the Environment, Community and Local Government the number of mortgage-to-rent scheme proposals that have been investigated and considered; the number that have been approved to date; and if he will provide each county details in tabular form. [31112/15]

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Written answers

Under the Approved Housing Body (AHB) Mortgage to Rent Scheme, a total of 3,025 cases had been considered to the end of August 2015. Of these, 1,727 did not progress for various reasons, including income limits, market value and homeowners withdrawing. In addition, 404 cases were deemed ineligible on grounds of accommodation not being suitable, while agreement on the sale could not be reached in a further 46 cases. In 110 cases the lender was waiting the borrower’s consent. At the end of August, 116 cases were complete, of which 83 have become fully operational. A further 622 cases are actively being progressed.

The following table gives a breakdown of this information by local authority area.

County

Complete

Active

Borrower Consent Awaited

Sale Not Agreed

Not Eligible

Terminated

Total

Carlow County Council

4

17

0

1

5

32

59

Cavan County Council

2

19

1

0

17

40

79

Clare County Council

3

5

2

3

8

35

56

Cork City Council

4

24

0

2

1

25

56

Cork County Council

3

29

9

0

33

87

161

Donegal County Council

0

2

1

0

16

32

51

Dublin City Council

21

69

4

4

22

156

276

Dún Laoghaire-Rathdown County Council

1

3

1

1

6

9

21

Fingal County Council

8

46

9

2

17

123

205

Galway City Council

0

5

2

0

1

7

15

Galway County Council

1

12

2

1

21

38

75

Kerry County Council

1

9

3

2

7

31

53

Kildare County Council

8

47

15

2

17

105

194

Kilkenny County Council

4

8

3

2

13

31

61

Laois County Council

2

25

4

2

14

41

88

Leitrim County Council

1

3

0

0

5

8

17

Limerick City and County Council

4

19

4

1

19

77

124

Longford County Council

0

6

1

0

8

17

32

Louth County Council

11

39

2

4

15

84

155

Mayo County Council

0

2

0

1

10

31

44

Meath County Council

10

52

16

8

23

157

266

Monaghan Town council

0

7

0

0

11

21

39

North Tipperary County

0

0

0

0

0

0

0

Offaly County Council

2

24

4

0

14

59

103

Roscommon County Council

0

2

1

0

6

24

33

Sligo County Council

0

1

0

0

4

14

19

South Dublin County Council

7

42

6

3

18

124

200

South Tipperary

0

0

0

0

0

0

0

Tipperary County Council

4

21

4

2

22

93

146

Waterford County Council

8

33

5

1

15

49

111

Westmeath County Council

2

12

5

1

14

44

78

Wexford County Council

1

20

3

1

14

75

114

Wicklow County Council

4

19

3

2

8

58

94

116

622

110

46

404

1727

3025

Local Authority Housing Maintenance

Questions (1426)

Aengus Ó Snodaigh

Question:

1426. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if his Department received an application from Dublin City Council for funding to insulate older local authority houses; if so, the amount involved and when this funding will be released. [31126/15]

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Written answers

Local authorities are currently undertaking an ambitious programme of insulation retrofitting, with the support of my Department, on the least energy efficient social houses. Funding of €57 million has been provided over the period 2013-2014 for improving the energy performance of older local authority housing stock, resulting in improved energy efficiency and comfort levels, and therefore Building Energy Ratings, in over 30,000 local authority homes. A further €25m is being provided in 2015 and, to date, €20m has been allocated across all 31 local authority areas for insulation upgrades. Phase 1 of the insulation retrofitting programme commenced in June 2013 and is focused on providing attic/roof insulation and cavity wall insulation in all relevant properties. Dublin City Council has so far received an allocation of €1,312,739 in 2015 and, in common with other local authorities, is seeking additional funding - in their case €4 million additional this year. This scope to provide additional funding to Dublin City Council and/or other local authorities will be examined in the context of available funding and savings, if any, that might arise.

Question No. 1427 answered with Question No. 1393.

Motor Tax Exemptions

Questions (1428)

Shane Ross

Question:

1428. Deputy Shane Ross asked the Minister for the Environment, Community and Local Government if he is aware that under the Non-Use of Motor Vehicles Act 2013, three months’ notice is required for any person who will be taking their vehicle off the road, even if it is for unforeseeable medical purposes, such as epilepsy; the proposals for exemption on medical grounds that were made by the Motor Tax Office staff; the reason these proposals were ignored; his views that it is fair to require those with such a medical issue to be required to pay for motor tax in circumstances where they are not capable of using their vehicle nor able to predict when this will occur; and if he will make a statement on the matter. [31131/15]

View answer

Written answers

There is no requirement under the Non-Use of Motor Vehicles Act 2013 to give three months notice when a vehicle is being taken off the road. While a Declaration of Non-Use of a Vehicle must be made in advance of a vehicle being taken off the road, it can only be made in the month before the expiry of a motor tax disc or previously made Declaration of Non-Use and can be made at any time right up to the end of that month, either online or at a motor tax office. Where a vehicle is under current taxation and where there is a minimum of three months remaining on a disc at the time of surrender of the disc, an owner may surrender the disc to the issuing licensing authority, and where that authority is satisfied that the owner has ceased to use the vehicle because of illness, injury or other physical disability, a refund will issue for the remaining period of the disc.

Question No. 1429 answered with Question No. 1393.

Local Authority Charges Application

Questions (1430, 1431)

Michelle Mulherin

Question:

1430. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the definition of free of rent as applied under section 4(6)(a) of the Local Government (Charges) Act 2009 when calculating the liability of a person to pay a charge under that Act; and if he will make a statement on the matter. [31201/15]

View answer

Michelle Mulherin

Question:

1431. Deputy Michelle Mulherin asked the Minister for the Environment, Community and Local Government the guidelines, protocols and processes used by local authorities to ascertain whether the owner of a residential property is liable to pay a charge under the Local Government (Charges) Act 2009; the method by which local authorities decide whether or not a house is occupied free of rent under section 4(6)(a) of the Act; and if he will make a statement on the matter. [31202/15]

View answer

Written answers

I propose to take Questions Nos. 1430 and 1431 together.

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence (NPPR) Charge. The NPPR Charge, which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. The NPPR Charge is based on self-declaration and therefore the onus is on the property owner themselves to register their property and make the payment.

A number of exemptions from the charge are set out in section 4 of the 2009 Act and section 4(6) provides for an exemption from the charge in a situation where a residential property is occupied rent-free as the sole or main residence of a relative of the owner and the sole or main residence of the owner is either on the same property or within two kilometres of it.

Under section 77 of the Local Government Reform Act 2014, my Department issued guidance to local authorities concerning matters relating to arrears of the NPPR Charge and late payment fees to ensure that a consistent national approach is adopted. The guidelines, which are available at http://www.environ.ie/en/Publications/LocalGovernment/Administration/FileDownLoad,37899,en.pdf , encourage local authorities to take a proactive approach to ensure that any outstanding NPPR liabilities are discharged in the most equitable, efficient and economically beneficial manner and include guidance in respect of dealing with hardship cases.

The 2009 Act places the Charge under the care and management of the local authorities and application of the Charge in particular circumstances is a matter for the relevant local authority; Part 12 of the Local Government Reform Act 2014 deals with the collection of undischarged liabilities relating to the NPPR Charge.

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