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Thursday, 14 Apr 2016

Written Answers Nos. 765-775

Planning Issues

Questions (765)

John Brady

Question:

765. Deputy John Brady asked the Minister for the Environment, Community and Local Government if he is aware of the rezoning of the Old Bray Golf Club lands for high density development given that it is a flood plain; if these lands are under the National Asset Management Agency; and if he will make a statement on the matter. [6410/16]

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Written answers

The matter raised by the Deputy is one for the local authority in question, which is Wicklow County Council, while queries relating to the National Asset Management Agency are a matter for that organisation and the Department of Finance. In addition, local authorities are required to adhere to ‘The Planning System and Flood Risk Management' (2009) Planning Guidelines issued by my Department under Section 28 of the Planning & Development Act 2000. These Guidelines provide a rigorous approach to flood risk assessment as an essential step in drawing up development plans and plans are generally now accompanied by a flood risk assessment for the geographical area of the plan. Under the 2009 Guidelines, developments vulnerable to flood risk, such as new housing, and other residential uses, are not generally permissible in areas known or predicted to be at risk of flooding.

As a statutory consultee for such proposed local area plans my Department examines all draft plans for compliance with Section 28 Ministerial Guidelines, including the Flood Risk Management Guidelines.

My Department understands that a local area plan is to be drawn up for the area in question by Wicklow County Council under provisions outlined in the Draft Development Plan 2016-2022 , taking account of flood protection works and the advice of the Office of Public Works. It would , therefore , be premature to make any further comment until such time as my Department has had the opportunity to examine a future local area plan.

Local Authority Staff Recruitment

Questions (766)

John Brassil

Question:

766. Deputy John Brassil asked the Minister for the Environment, Community and Local Government to immediately reverse the recruitment embargo on local authorities to allow them to recruit road and maintenance staff, given that staffing levels are totally inadequate and, as a result of this, roads are in chronic disrepair; and if he will make a statement on the matter. [6411/16]

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Written answers

As announced in Budget 2015, the moratorium on recruitment has been lifted throughout the Public Sector. However, under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible.

My Department works closely with all local authorities and will continue to do so, in relation to overall staffing requirements. All staffing requests are examined on a case by case basis having due regard to the continued delivery of key services and in the context of the affordability of the staff resource.

Building Regulations

Questions (767)

Pearse Doherty

Question:

767. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government if he has formally finalised the membership of the expert panel established to investigate problems of concrete block work in counties Donegal and Mayo; the names of the members of the panel; when the panel will complete and publish its final report; and if he will make a statement on the matter. [6459/16]

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Written answers

Earlier this year, I announced the appointment of Mr. Denis McCarthy to chair the expert panel that is being established to investigate the problems that have emerged in the concrete blockwork of certain dwellings in Donegal and Mayo. Mr. McCarthy is a former Director of Services with Waterford County Council and has the necessary mix of skills and experience that will be required to direct and manage the work of the expert panel over the months ahead.

Following Mr. McCarthy’s appointment, my Department wrote to the National Standards Authority of Ireland, Engineers Ireland and the Institute of Geologists of Ireland seeking nominations for suitable persons to participate on the expert panel; in this context, I recently announced the full composition of the expert panel as:

- Mr. Noel Kane, BE, Dip Comp Eng, EurIng, CEng, FIEI, FIStructE, MIEAust, MACI, RconEI, member of the National Standards Authority of Ireland’s Concrete and Eurocodes Consultative Committees and the chair of their Masonry Panel and Eurocodes Masonry Subcommittee,

- Mr. Frank Lee, BE, CEng, FIEI, FConsEI, nominated by the Association of Consulting Engineers of Ireland, and

- Mr. Dave Blaney, PGeo, and Board member of the Institute of Geologists of Ireland.

Now that the members are in place, arrangements have been made for the expert panel to hold their first meeting this week . It is anticipated that their investigations will take in the order of six months to complete and I look forward to reading a copy of their report on completion of their research later this year.

Building Regulations

Questions (768)

Pearse Doherty

Question:

768. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government his plans to introduce a handbook or an electronic information pack to be provided to applicants by the planning authorities upon receipt of a planning application for a single dwelling or domestic extension, detailing the minimum requirements which home owners must meet to build in accordance with the building control regulations; his views of the benefit of such a publication in providing guidance to home owners and in clarifying the minimum qualifications and level of accreditation which must legally be held by the relevant professionals employed for the certifying of all building works; and if he will make a statement on the matter. [6462/16]

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Written answers

The owner of a planned new single dwelling or domestic extension has a statutory obligation to ensure that the building or works are designed and constructed in accordance with the relevant requirements of the Building Regulations which are made pursuant to the Building Control Act 1990. The performance requirements are set out in 12 parts (classified as Parts A to M) and each Part deals with a specific area of performance that is critical to the safety and welfare of persons in and about the building. Part A , for instance, addresses structure, Part B addresses Fire Safety, etc. Detailed Technical Guidance documents are published by my Department outlining how the requirements of each of the twelve Parts (A to M) of the Building Regulations can be achieved in practice. This guidance is available on my Department’s website by clicking on the following weblink –

http://www.environ.ie/housing/building-standards/tgd-part-d-materials-and-workmanship/technical-guidance-documents .

Owners, builders and construction professionals are also required to demonstrate publicly through the statutory public register maintained by their local Building Control Authority (the Authority) that they have fulfilled their statutory obligations in relation to their building project. This process involves a set of administrative procedures set out under the Building Control Regulations which are also made pursuant to the Act of 1990. These procedures include notification to the Authority prior to the commencement of works, the appointment of competent persons to build, inspect and certify the works, the lodgement of drawings and particulars demonstrating how the particular building or works has achieved compliance and the registration of notices and certificates by the Authority on the statutory register of building control activity.

Statutory certificates of compliance, where relevant, must be given at commencement (design only) and completion and must be signed by a registered construction profession (i.e. an Architect or a Building Surveyor or a chartered Engineer who is included on a statutory register maintained respectively by the Royal Institution of Architects of Ireland, the Society of Chartered Surveyors of Ireland or Engineers Ireland). The statutory certificate of compliance on completion must also be signed by the Builder. A home-owner may nominate themselves as builder where they are satisfied that they are competent to carry out the works they propose to undertake.

Following a review last year, the Building Control Regulations were revised to give the owner of a proposed single dwelling or domestic extension the facility to opt out of the requirement for statutory certification concerning their proposed dwelling or extension. An Information Note for Owners of new dwellings and extensions who opt out of Statutory Certification for building control purposes is available on my Department’s website at:

http://www.environ.ie/sites/default/files/migrated-files/en/Legislation/DevelopmentandHousing/BuildingStandards/FileDownLoad%2C42563%2Cen.pdf .

This guidance explains the building control process in detail from the perspective of the owner.

My Department continues to review and update the guidance available in this critical area of public policy in consultation with, and in response to the needs of, all stakeholders, including prospective homeowners.

Pyrite Remediation Programme Implementation

Questions (769, 791, 792)

Eoin Ó Broin

Question:

769. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government when works will commence on properties at Aylmer Heath in Newcastle in County Dublin which are included in his pyrite scheme; the works that will take place; and the timescale for their completion. [6514/16]

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Clare Daly

Question:

791. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the estates where pyrite remediation work has started; the number of houses that have been remediated; his plans for starting remedial work in additional estates, including a timetable. [6934/16]

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Clare Daly

Question:

792. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government the number of damage condition rating certificates 1 and certificates 2 submitted to the Pyrite Remediation Board for remediation by housing estate. [6935/16]

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Written answers

I propose to take Questions Nos. 769, 791 and 792 together.

The Pyrite Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation scheme. In accordance with the provisions of the Pyrite Resolution Act 2013, the Board is independent in the performance of its functions and as Minister I have no role in the operational matters pertaining to the implementation of the scheme.

The latest figures available to me, which do not include a breakdown by estate, indicate that approximately 1,073 applications have been received under the pyrite remediation scheme of which 790 have been approved for inclusion in the scheme as follows:

- 323 are at remedial works planning stage,

- 16 are at tender / tender analysis,

- 253 are under remediation, and

- 198 are complete.

To be eligible to apply under the scheme, dwellings must have Building Condition Assessment with a Damage Condition Rating of 2.

It is anticipated that the number of dwellings remediated, or under remediation, under the scheme will be circa 650 by the end of 2016. Ultimately, the Board, together with the Housing Agency, will arrange for all eligible dwellings to be remediated to a high standard and at no additional cost to the affected homeowners. Remediation works will be carried out at the earliest possible opportunity having regard to the existing demands of the scheme and the optimum use of available resources.

Social and Affordable Housing

Questions (770)

Mattie McGrath

Question:

770. Deputy Mattie McGrath asked the Minister for the Environment, Community and Local Government the constitutional barriers impeding the necessary provision of social and affordable housing; and if he will make a statement on the matter. [6564/16]

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Written answers

Through the Social Housing Strategy 2020 I have put in place the necessary framework, targets, funding and staffing resources to increase the supply of social housing by 110,000 additional units by 2020. The Strategy has been supported by two successive budgets with €1.7 billion allocated to social housing in 2015 and 2016. Furthermore, sanction has been granted for 420 extra housing staff to be recruited by local authorities to work on the delivery of the Social Housing Strategy. Social housing cannot be viewed in isolation from the wider housing system. The construction, and particularly residential construction, industry in Ireland is taking time to recover from the economic downturn and consequently supply from that sector is lagging significantly behind demand. Private market housing is delivering circa 50% of the estimated annual requirement of 25,000 dwellings.

Considerations relating to private property rights under Article 43 of the Constitution did inform the basis, delivery timescale and rate set for the Vacant Site Levy introduced under the Urban Regeneration and Housing Act 2015 and similar considerations also informed the scope and shape of the package of rent stability measures I introduced through the Residential Tenancies Act 2015. All legal advices received from the Office of the Attorney General in relation to these matters are subject to legal privilege.

The Housing Actions Report, which was published today, provides further information on thirty-one major actions taken across the housing spectrum in the past twenty-one months to increase the supply of housing at affordable prices. The report is available on my Department’s website at -

http://www.environ.ie/housing/activity/laying-foundations-housing-action-report

Housing Assistance Payment Administration

Questions (771)

Eoin Ó Broin

Question:

771. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government the regulations and guidelines he has provided to local authorities for the purposes of operating their housing assistance payment transfer lists; when he provided these; if he has not provided them, the reason therefore; and given that housing assistance payment has been in operation since January 2015, the reason for the delay in resolving this matter. [6601/16]

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Written answers

As the Housing Assistance Payment (HAP) is deemed to be a social housing support under section 19 of the Housing (Miscellaneous Provisions) Act 2009, as amended, households in receipt of HAP are not included on the local authority waiting list for social housing support. However, HAP recipients may access other forms of social housing supports by applying to go on the local authority transfer list. On 16 December, 2014, I issued a statutory direction to all authorities involved in the Housing Assistance Payment (HAP) statutory pilot, instructing them to take the necessary steps to ensure that households benefitting from HAP can avail of a move to other forms of social housing support, should they wish to do so, through the transfer option. I also directed that HAP recipients, who apply to go on the transfer list, should get full credit for the time they spent on the waiting list and be placed on the transfer list with no less favourable terms than if they had remained on the waiting list. In practice, housing authorities inform HAP recipients in writing of their entitlement to apply to go on the transfer list when they are approved for HAP. As of 12 April 2016, 91 households have transferred from HAP to other forms of social housing support.

The Social Housing Strategy 2020 includes a commitment to examine the system of assessment and allocation of social housing support and make recommendations in this regard. The examination is underway and recommendations for changes to the system of assessment and allocation will be brought forward, in due course, including recommendations that may require changes to Regulations.

Housing Assistance Payment Administration

Questions (772)

Eoin Ó Broin

Question:

772. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government the details of his contacts with the Department of Social Protection in respect of Intreo's decision to issue letters to recipients of long-term rent supplement stating that their payments due may be suspended if they do not transfer to the housing assistance payment. [6602/16]

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Written answers

The Housing Assistance Payment (HAP) scheme is being introduced incrementally on a pilot basis to local authority areas. Since HAP commenced in September 2014, some 8,2 00 households are currently being supported by the scheme and HAP is now available to all qualified households in 19 local authority areas. HAP provides for the transfer of responsibility for long-term recipients of rent supplement who have a recognised housing need from the Department of Social Protection to the local authority sector, thus bringing all long-term social housing supports provided by the State together under the local authority system. Upon its introduction in a local authority area, HAP will replace rent supplement for those with a long-term housing need and who qualify for social housing support; rent supplement will no longer be an option for applicants in such cases. Local authorities are taking an incremental approach to the transfer of recipients from rent supplement to HAP in their own areas. This involves close co-operation with local Department of Social Protection offices and individual tenants. An existing rent supplement recipient who has been determined as eligible for the HAP scheme may transfer to HAP and remain in their current accommodation where the landlord is in agreement, and subject to the terms and conditions of the scheme being met. Over 8,300 households are currently being supported by the HAP scheme; 36% of these households have transferred to HAP from the Rent Supplement scheme.

The transfer of long-term rent supplement recipients to the HAP scheme is a carefully managed process, involving close contact between the relevant local authority and the local office of the Department of Social Protection . My Department has had no contact with Intreo. In that context, any correspondence issued by Intreo to rent supplement recipients is a matter for the Department of Social Protection.

Local Authority Housing Data

Questions (773)

Richard Boyd Barrett

Question:

773. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the number of houses acquired by each local authority by direct purchase by Part V in each of the years 2014 to 2016 to date. [6670/16]

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Written answers

Information on social housing units constructed in respect of all local authorities funded by direct capital investment by my Department, is published on my Department’s website at the following link: http://www.environ.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision.

Details of social housing units delivered through Part V arrangements are available on my Department’s website at the following link:

http://www.environ.ie/housing/statistics/affordable-housing/affordable-housing-and-part-v-statistics

Statistics for 2016 are not yet available.

Local Authority Housing Data

Questions (774)

Richard Boyd Barrett

Question:

774. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the regulations, criteria and price thresholds regarding the acquisition of houses by local authorities. [6671/16]

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Written answers

My Department provides capital funding to local authorities for the acquisition of houses and apartments for social housing use. The parameters applying to local authorities in respect of exchequer funded social housing acquisitions was set out in Circular Housing 24/2015, which is available at the following link: http://www.environ.ie/housing/social-housing/social-housing-strategy/circular-housing-242015-social-housing-capital.

The cost thresholds for such acquisitions were notified to each individual local authority under separate cover for commercial confidentiality purposes.

Local Authority Housing Data

Questions (775)

Richard Boyd Barrett

Question:

775. Deputy Richard Boyd Barrett asked the Minister for the Environment, Community and Local Government the cost of the rapid build housing programme in Ballymun in Dublin 11; and the length of time the project took from the beginning of the process. [6672/16]

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Written answers

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation for homeless persons rests with individual housing authorities. With regard to rapid-delivery housing, in October 2015 the Government approved a programme to deliver 500 units of rapid-delivery housing for homeless households across Dublin, with an initial 22 units in Poppintree, Ballymun. In November 2015, Dublin City Council entered into a contract for the rapid-delivery units in Ballymun at a cost of €4.2m excluding VAT. The units are now complete and surround works are in train, with a view to occupancy by the end of this month.

This programme of rapid-delivery housing provision is being implemented to mitigate the issues associated with an increasing volume of homeless households accommodated in inappropriate commercial hotel arrangements. The units will provide emergency accommodation for those families currently in hotels in the first instance, offering a greater level of stability while move-on options to long-term independent living are identified and secured. Furthermore, such arrangements will facilitate more coordinated needs assessment and support planning for access to all required services, including welfare, health and housing services.

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