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Thursday, 5 Nov 2015

Written Answers Nos. 235 - 246

Local Authority Functions

Questions (235)

Bernard Durkan

Question:

235. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which his Department has sought or received communications from the various local authorities with a view to addressing the issue of stalled developments involving urban blight and run down streetscapes; if the funding already made available to address such issues requires further action, in the form of identification of specific measures to address individual cases with a view to eliminating blights such as that affecting Naas, County Kildare and other towns and villages; and if he will make a statement on the matter. [38821/15]

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Written answers

My Department has not sought information from local authorities regarding stalled developments, urban blight etc. as it is a matter for those local authorities to monitor local situations and proactively engage in progressing development in their functional areas. My Department, together with other Government Departments, has brought forward a number of measures and initiatives to incentivise urban development and renewal to assist in economic recovery, and these have been set out for the Deputy in replies to previous questions, including Question No. 37 of 23 April 2015. Of most recent note is the Urban Regeneration and Housing Act 2015, which was commenced in September of this year, and provides for the introduction of a vacant site levy to encourage the development of vacant, underutilised sites in designated urban areas with a view to breathing life back into such areas, thereby addressing urban decay and bringing vacant sites forward for residential or regeneration use.  

Supplementary to the vacant site levy, the Urban Regeneration and Housing Act 2015 amends Section 10(2) of the Planning and Development Act 2000, as amended, to provide that the current objective incorporated in local authority development plans for the “development and renewal of areas in need of regeneration” is broadened to provide that such objective should in future be for the explicit purposes of preventing:

- adverse effects on existing amenities in such areas;

- urban blight and decay;

- anti-social behaviour; or

- a shortage of habitable houses or land suitable for residential use or a mixture of residential or other uses.

This is intended to stimulate local authorities to adopt a more holistic approach in relation to urban decay and regeneration in the adoption of local development plans.

The management of stalled development in Naas is a matter for Kildare County Council in the first instance.  To this end, I am aware that Kildare County Council has recently joined in an urban partnership on the European CityCentreDoctor Project, involving an engagement with other European urban centres through URBACT (a European exchange and learning programme which promotes sustainable urban development). The broad aim of the project is to explore urban innovation from a creative evidence-based approach. The project will allow local role players to benchmark Naas and investigate and prototype interventions and initiatives used in other towns throughout Europe.

This project is a key learning and participatory planning platform for Naas, and has the potential to play an important role in supporting the town’s renewal.

Derelict Sites

Questions (236)

Bernard Durkan

Question:

236. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which prominent derelict sites have been identified in towns and villages; if specific provision is being made to address this issue; and if he will make a statement on the matter. [38822/15]

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Written answers

The Derelict Sites Act 1990 provides that local authorities are required to take all reasonable steps, including the exercise of appropriate statutory powers, to ensure that any land within their functional area does not become, or continue to be, a derelict site. To this end, local authorities have been given substantial powers under the Act in relation to any such sites, including powers to require specified measures to be taken in relation to a derelict site, to impose a levy on derelict sites, or to compulsorily acquire any derelict site.

The administration of the Derelict Sites legislation at a local level is a matter for the relevant local authority. While my Department updates, on an annual basis, a Schedule of Urban Areas in line with sections 4 and 21 of the Act, it is a matter for the relevant local authority to determine the most appropriate use of the legislation within their respective functional areas. According to the most recent information held by my Department, which relates to 2013, there were 1,711 derelict sites on registers across the State. Of these, 359 sites had been levied during 2013. Information relating to 2014 is currently being collated by my Department.

In terms of incentivising the development of empty and underutilised sites in central urban areas, the Urban Regeneration and Housing Act 2015 was enacted in September 2015. Under the provisions of this Act, a levy will be charged on the registered owners of vacant sites in urban areas with a housing or a regeneration need. The derelict site levy shall not be payable in respect of any land on which the vacant site levy will be payable. I anticipate that this levy will facilitate the achievement of the primary objective of bringing sites of this nature forward for residential or regeneration development.

NAMA Property Sales

Questions (237)

Bernard Durkan

Question:

237. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he continues to monitor sales of property by the National Asset Management Agency with a view to identifying the extent to which such residential property has been acquired by first-time home buyers; the proportion of such disposals that have gone to investors; and if he will make a statement on the matter. [38824/15]

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Written answers

The sale of residential property by NAMA for purposes other than for social housing is a matter solely for NAMA. My Department does not monitor these sales nor identify the end purchaser of such properties.

Since December 2011, my Department, the Housing Agency and NAMA have been engaged in identifying and securing properties that might potentially be suitable for social housing purposes. To the end of September 2015, 1,600 have been delivered for social housing use under this process. This figure includes 1,241 units that are complete and a further 359 units where contracts have been signed and final completion works are under way. A further 486 properties are considered as being active transactions whereby terms are agreed or active negotiation is on-going by all parties concerned or where a detailed appraisal is being carried out. An additional 440 properties are to be further appraised.

Planning Issues

Questions (238)

Barry Cowen

Question:

238. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of observations sent by his Department to local authorities in relation to material alterations to development plans; the number of subsequent section 31 of the Planning and Development Act directives since March 2011; and if he will make a statement on the matter. [38845/15]

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Written answers

My Department has issued 26 observations to local authorities on material alterations to their development plans since March 2011 with 3 Ministerial Directions subsequently issued under Section 31 of the Planning and Development Act 2000, as amended, as outlined in the table below.

Planning Authority

Development Plan

Year

Kildare County Council

Material Alterations to the proposed Variation No.3 to Kildare County Development Plan

2015

Westmeath County Council

Material Alterations to the Draft Westmeath County Development Plan

2014

South Tipperary County Council

Material Alteration to the Draft Carrick-on-Suir Town Development Plan 2013

2014

Planning Issues

Questions (239)

Barry Cowen

Question:

239. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government the number of draft section 31 of the Planning and Development Act 2000 directives issued by his Department; the number of draft directives that were amended, deleted and implemented after the local authority manager's report; and if he will make a statement on the matter. [38846/15]

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Written answers

Since 2004, 24 Draft Directions under Section 31 of the Planning and Development Act 2000 have been issued to local authorities in respect of their development planning functions as outlined in the table below.

There have been no amendments or deletions on any draft directions following the publication of the Chief Executives' reports.

No.

Planning Authority

Development Plan/Local Area Plan

Year

1

Louth County Council

Proposed Material Alterations to the Draft Louth County Development Plan 2015-2021

2015

2

Galway County Council

Proposed Material Alterations to the Draft Headford Local Area Plan 2015-2021

2015

3

Limerick City and County Council

Proposed Adare Local Area Plan 2015-2021

2015

4

Cork County Council

Cork County Development Plan 2014

2015

5

Kildare County Council

Material Alteration to the proposed Variation No.3 to Kildare County Development Plan

2015

6

Donegal County Council

Variation No. 2 to Donegal County Development Plan

2014

7

Limerick City and County Council

Variation No.2 to Limerick County Development Plan 2010-2016

2014

8

Limerick City and County Council

Amendment No.1 to Southern Environs Local Area Plan 2011-2017

2014

9

Roscommon County Council

Roscommon Town Local Area Plan

2014

10

Westmeath County Council

Draft Westmeath County Development Plan

2014

11

Westmeath County Council

Draft Mullingar Local Area Plan

2014

12

South Tipperary County Council

Carrick-on-Suir Town Development Plan 2013

2014

13

Wicklow County Council.

Amendments to the Wicklow-Rathnew Development Plan 2013-2019

2013

14

Midleton Town Council

Midleton Town Development Plan 2013

2013

15

Laois County Council

Mountmellick Local Area Plan 2012-2018

2012

16

Clare County Council

South Clare Local Area Plan 2012-2018

2012

17

Dun Laoghaire-Rathdown County Council

Draft Dun Laoghaire Rathdown County Development Plan 2010-2016

2010

18

Mayo County Council

Mayo County Development Plan 2008-2014

2009

19

Waterford County Council

Variation (No.10) to the Waterford County Development Plan 2005-2011

2008

20

Mayo County Council

Mayo County Development Plan 2008-2014

2008

21

Castlebar Town Council and Mayo County Council

Castlebar and Environs Development Plan 2008-2014

2008

No.

Planning Authority

Development Plan/Local Area Plan

Year

22

Monaghan County Council

Monaghan County Development Plan 2007-2013

2007

23

Laois County Council

Laois County Development Plan 2004-2010

2006

24

Dun Laoghaire-Rathdown County Council

Draft Dun Laoghaire Rathdown County Development Plan 2004-2010

2004

Thatching Grants Eligibility

Questions (240)

Marcella Corcoran Kennedy

Question:

240. Deputy Marcella Corcoran Kennedy asked the Minister for the Environment, Community and Local Government his plans to introduce a scheme similar to the existing grant, HA2/T, for the renewal and repair of thatched roofs on commercial properties (details supplied); and if he will make a statement on the matter. [38849/15]

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Written answers

Under the terms of my Department’s scheme of Grants for the Renewal/Repair of Thatching Roofs of a House, a grant is available towards the cost of renovating thatched roofs of owner occupied houses. Commercial properties may be included only where the property is also used as a normal place of residence. I have no plans to introduce a scheme for the renewal/repair of thatched roofs on commercial properties more generally.

Housing Issues

Questions (241)

Terence Flanagan

Question:

241. Deputy Terence Flanagan asked the Minister for the Environment, Community and Local Government the position regarding modular housing (details supplied); and if he will make a statement on the matter. [38858/15]

View answer

Written answers

I refer to the reply to Questions Nos. 1052, 1075 and 1076 of 3 November 2015, which sets out the position in this matter.

Leader Programmes Administration

Questions (242)

Aengus Ó Snodaigh

Question:

242. Deputy Aengus Ó Snodaigh asked the Minister for the Environment, Community and Local Government if it is normal procedure for Leader funding to be used in the planning of a future development of an unauthorised marina (details supplied), on property built by Waterways Ireland, which was the subject of several warning letters and, as the documents attached show, was the subject of an enforcement order from late 2012, many months before funding was paid out, which is contrary to the response to Parliamentary Question No. 914 of 24 March 2015, which stated incorrectly that the enforcement order came several months after the completion of the feasibility study and the grant payment. [38869/15]

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Written answers

The provision of LEADER funding is subject to compliance with both EU and national regulatory rules at all times.  This includes enforcement orders issued by local authorities.

In relation to the marina referred to by the Deputy in the details supplied, I am advised that funding was awarded and paid in respect of a feasibility study, which inter alia examined the project promoter’s existing business and potential business opportunities.  No funding was provided for the development of the marina per se.  Accordingly, I am satisfied that the enforcement order from Westmeath County Council was not breached by the LEADER funded project.

Notwithstanding this, I wish to clarify that the correspondence referenced in the response to Parliamentary Question No. 914 of 24 March 2015 should have referred to a warning letter and not an enforcement order, as stated.

Planning Issues

Questions (243)

Patrick O'Donovan

Question:

243. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government his plans to introduce legislation for Leylandii trees similar to legislation introduced in the United Kingdom under that country's Anti-Social Behaviour Act 2013, given that, if uncontrolled, these trees are a major cause of boundary related disputes in residential areas, give rise to more complaints than any other neighbourhood property issue and cause upset and distress to many persons; and if he will make a statement on the matter. [38887/15]

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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 in due course. 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.

Air Quality

Questions (244, 245, 246)

Charlie McConalogue

Question:

244. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the reason the Environmental Protection Agency believes it is not necessary to monitor for particulates at all 31 air monitoring stations, given the proven negative effects they pose to health; his views on this policy; and if he will make a statement on the matter. [38898/15]

View answer

Charlie McConalogue

Question:

245. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government if he will update Dáil Éireann on the progress of the Environmental Protection Agency draft national ambient air monitoring programme under section 65 of the Environmental Protection Agency Act 1992 (as amended), detailing the scope of the exercise, the start date and the likely completion date; and if he will make a statement on the matter. [38899/15]

View answer

Charlie McConalogue

Question:

246. Deputy Charlie McConalogue asked the Minister for the Environment, Community and Local Government the reason Ireland is divided into four zones for the monitoring and assessment of ambient air quality; if this has always been the case; how often it is reviewed; and if he will make a statement on the matter. [38900/15]

View answer

Written answers

I propose to take Questions Nos. 244 to 246, inclusive, together.

To protect our environment in regard to air quality, a number of EU Directives set out standards for a wide variety of pollutants. The current standards are contained in the 2008 Clean Air for Europe (CAFE) Directive (Directive 2008/50/EC) and the Fourth Daughter Directive (Directive 2004/107/EC of 15 December 2004). These Directives also include rules on how Member States should monitor, assess and manage ambient air quality.

The EPA is tasked with co-ordinating and managing the monitoring programme. Under the Directives, EU Member States must designate "Zones" for the purpose of managing air quality. For Ireland, four zones were defined in the Air Quality Standards Regulations 2011. The zones in place in Ireland in 2015 are Zone A: the Dublin conurbation, Zone B: the Cork conurbation, Zone C: comprising 23 large towns in Ireland with a population of more than 15,000 and Zone D: the remaining area of Ireland. Zones are amended primarily to take account of population trends emerging from census results. The zones were last amended on 1 January 2013 to take account of results from the 2011 CSO Census and to align with the coal restricted areas set out in Regulations in 2012.

Ireland has a nationwide network of 31 monitoring stations which measure levels of air pollutants in the four zones. This information is delivered to the public in near real-time at www.airquality.epa.ie.

The numbers and locations of the monitoring equipment for each pollutant, including particulate matter (PM2.5 and PM10), are determined by the requirements of the Directives for ambient air monitoring in each zone. Particulate matter is harmful to health and it is accepted among health officials that exposure to PM10 and PM2.5 should be reduced. In cities, traffic emissions are the main source of particulate matter while in smaller towns, emissions from domestic solid fuel combustion are often the primary source. The air quality in cities benefits from the ban on smoky coal, as well as the increased use of gas for residential heating. The monitoring of particulate matter (PM2.5 and PM10) is carried out at a representative number of monitoring locations in each of the four zones and meets the requirements of the CAFE Directive - it is not considered necessary to monitor for particulates at all 31 stations.

In April 2013, the EPA launched Ireland’s new Air Quality Index for Health (AQIH). This web-based index, developed in conjunction with the Health Service Executive and my Department (including Met Eireann), displays the current air quality across Ireland, by means of a coloured scale of 1 – 10, divided into four bands (good, fair, poor and very poor) with health advice provided for each band. The AQIH is calculated hourly and is represented on a colour-coded map of Ireland, from which the public can easily assess information about current air quality in their area. The Air Quality Index for Health can be viewed at www.airquality.epa.ie. The pollutants included in the index are: ozone; nitrogen dioxide; sulphur dioxide; PM10; and PM2.5. To coincide with the launch of the Air Quality Index for Health, the EPA also launched a Twitter channel @EPAAirQuality, through which the public can receive tweets on the status of air quality in their region every day.

The EPA has commenced preparation of a draft national ambient air monitoring programme under Section 65 of the Environmental Protection Agency Act 1992 (as amended) which will provide the basis and options for the continued development and expansion of the national ambient air monitoring network. The development of the national ambient air monitoring programme will include a review of the adequacy of the current network for both determining compliance with European and national standards for air quality and for the provision of information to the public about local air quality. Stakeholder consultation on the draft national ambient air monitoring programme will commence in April 2016.

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