Written Answers Nos. 37-45
37. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government the extent to which he expects to be in a position to implement in full the aspects of the programme for Government relevant to his Department; and if he will make a statement on the matter. [18463/16]
View answer113. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government his priorities for the implementation of the aspects of the programme for Government relevant to his Department; and if he will make a statement on the matter. [18775/16]
View answerI propose to take Questions Nos. 37 and 113 together.
There is a significant number of objectives in A Programme for a Partnership Government relevant to my remit. My Department has reviewed the programme and has commenced work on the implementation of priority actions; with those due within the first 100 days well underway.
One of the more urgent challenges facing my Department is the need to address issues relating to housing and homelessness and, drawing on the work of the Oireachtas Committee on Housing and Homelessness, an “Action Plan for Housing” will be published next month which will directly address many of the commitments in relation to housing contained in the Government Programme. The Action Plan will be subject to key targets and deadlines and regular Cabinet review.
Other priorities for my Department, which are included as Year 1 Actions, include finalising a new National Planning Framework to replace the National Spatial Strategy and commissioning a “root and branch” review of the planning system with the aim of reducing uncertainty and improving efficiencies within the planning processes.
In addition, as part of the next wave of local government reform, I plan to consult widely with all relevant stakeholders and prepare a report for Government and for the Oireachtas, by mid-2017, on potential measures to boost local government. This will ensure that local government funding, structures and responsibilities strengthen local democracy.
I am committed to pursuing each of the aspects of the Programme for Government that are relevant to my Department. In addition to the commitments in the Government Programme, my Department will also be progressing a number of actions on water-related issues in the coming months.
38. Deputy Bernard J. Durkan asked the Minister for the Environment, Community and Local Government his proposed plans to meet environmental challenges such as flooding arising from climate change and the need for revitalising of rural and urban communities. [18462/16]
View answerThe extent of the environmental challenge posed by climate change is well understood by Government and this understanding is reflected in the prominence given to climate change in the Programme for a Partnership Government and in the establishment of a new Department of Communications, Climate Change and Environment, pending the making of the necessary Government orders.
Existing policy in this area is set out in the National Policy Position on Climate Action and Low Carbon Development (2014) which provides a high-level policy direction for the adoption and implementation by Government of plans to enable the State to move to a low-carbon economy by 2050; statutory authority for these mitigation and adaptation plans was subsequently provided for in the Climate Action and Low Carbon Development Act 2015.
While climate policy has been and must continue to be focused on limiting greenhouse gas emissions in accordance with our national, EU and international obligations, taking steps to adjust human and natural systems in response to existing or expected climate change in order to prevent or moderate environmental damage, or to take advantage of any opportunities that may arise, is also an urgent policy priority.
Under section 5 of the 2015 Act, the Minister must submit to Government for approval (not later than December 2017), a National Adaptation Framework (NAF). The NAF will specify the national strategy for the application of adaptation measures in different sectors and by local authorities in their administrative areas in order to reduce the vulnerability of the State to the negative effects of climate change and to exploit any beneficial opportunities. The 2015 Act also provides that relevant Ministers will be required to develop sectoral adaptation plans which will specify the adaptation policy measures the Minister in question proposes to adopt; these measures will include, for example, adaptation actions to be implemented by OPW and other responsible Departments and agencies in relation to flood risk management.
The policy response to climate change in terms of mitigation of emissions of greenhouse gases and adaptation to the negative impacts will, over time, help to protect people, buildings, infrastructure, businesses and ecosystems and these benefits will apply to both rural and urban communities. Apart from climate change related considerations, revitalisation of these communities is also recognised as a priority in the Programme for a Partnership Government, with a series of specific actions identified to facilitate the regeneration of urban centres. In this context, the Government will seek to introduce a new Town and Village Renewal Scheme to support the revitalisation of towns and villages and improve the living and working environment of communities.
In addition, it is also proposed to examine a series of further initiatives, including the introduction of a scheme, similar to the‘Living City Initiative’, to regenerate urban centres and villages; the establishment of a national register of derelict sites, in addition to the new vacant site levy, to bring vacant and underutilised sites into beneficial use for housing and urban regeneration purposes; the mandating of local authorities with better land management powers; reclassifying and incentivising the use of under-utilised or vacant areas over ground floor premises in urban areas; and examining the scope to reform the Derelict Sites Act to tackle the under-use and hoarding of derelict land.
39. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government to carry out a review of the number of properties that have pyrite but are not displaying damage that would register a damage condition rating of 2 in a building condition assessment; and his plans to devise a strategy regarding how these properties can be remediated. [18303/16]
View answerThe independent Pyrite Panel, which was established in September 2011, undertook a desktop study, in conjunction with stakeholder consultation, to establish certain facts in relation to the potential exposure of pyrite in dwellings. The information was gathered from a number of sources including local authorities, structural guarantee providers, representatives of homeowners, private builders, construction professionals and public representatives and was cross referenced to verify, as far as practicable, its validity.
Seventy four estates were identified to the Pyrite Panel as possibly having pyrite. At the time of the Report of the Pyrite Panel (June 2012), all of these estates were located in the five local authority areas of Dublin City, Fingal, Kildare, Meath and Offaly, although two estates were subsequently identified in 2014 as having pyrite problems, one each in the administrative areas of Dun Laoghaire-Rathdown County Council and South Dublin County Council.
The Pyrite Panel recommended a categorisation system as a means of prioritising pyrite remediation works in recognition of the expensive and intrusive nature of pyrite remediation and the unpredictability of pyritic heave. The Panel was clear in its view that only dwellings with significant damage due to pyritic heave should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated. Dwellings which have no significant damage but have reactive pyrite in the hardcore should be monitored and only remediated if they display significant damage due to pyritic heave.
The Panel’s report provided the overarching framework for the development of the Pyrite Resolution Act 2013 and the ensuing pyrite remediation scheme. The scheme’s eligibility criteria are reflective of the conclusions and recommendations of that report. I am satisfied that the Panel developed a reasonable and pragmatic approach to facilitate the remediation of dwellings exhibiting significant pyritic damage and that the conditions for entry into the pyrite remediation scheme are appropriate and proportionate. In this regard, I have no proposals to carry out a review along the lines suggested.
40. Deputy Eamon Ryan asked the Minister for the Environment, Community and Local Government the responsibility he has with respect to any legal challenge regarding the workings of the Mahon tribunal; the communication he has had from the tribunal about the laying of a statement from the tribunal before the Houses of the Oireachtas on 25 March 2016; and the actions he will take to implement the recommendation of the tribunal. [18467/16]
View answerThe Tribunal of Inquiry into Certain Planning Matters and Payments (the Mahon Tribunal) was appointed by the Houses of the Oireachtas in October 1997 to inquire into and report on allegations of corruption within the planning system, set out in its terms of reference which have expanded since its establishment.
As an independent Tribunal of Inquiry, the Mahon Tribunal is responsible for defending and handling any legal challenge regarding its workings. In keeping with standard practice, since the subject matter of the Tribunal falls within my policy remit, the costs of the Mahon Tribunal, including the legal costs of any challenge regarding the workings of the Tribunal are paid from my Department’s Vote. My responsibility regarding any legal challenge to the workings of the Mahon Tribunal is limited to the payment of any related legal costs from my Department’s Vote.
There was no communication between the Tribunal and the previous Minister regarding the statement and amended report laid before the Oireachtas on 25th of March, 2016. The statement and the amended report were furnished to the Clerk of the Dáil by the Tribunal, and were also posted on the Tribunal’s website.
The final Report of the Tribunal, published in March 2012, made a total of 64 recommendations, ten of which were planning-related. While some of the planning-related recommendations have been already implemented, it is intended that the Planning and Development (Amendment) Bill 2016, published in January, will implement the remainder. The main provision of the Bill is for the establishment of the Office of the Planning Regulator (OPR), whose main functions will be to:
- carry out independent assessment of regional and local level statutory plans, including zoning decisions, prepared and adopted under the Planning and Development Act 2000, as amended, namely, development plans, local area plans, regional spatial and economic strategies etc. to ensure their consistency with national and/or regional policy;
- review the organisations, systems and procedures used by planning authorities, including An Bord Pleanála, in the performance of their statutory functions under the Act; and
- carry out research, education and training in the planning area.
The Bill is currently before the Dáil, awaiting Second Stage debate.
41. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his plans to re-establish town councils; and when he expects town councils to be re-established. [18558/16]
View answerThe decision to replace town authorities with a new model of municipal governance under the Local Government Reform Act 2014 was designed primarily to strengthen local government within counties and to address widely acknowledged and long-standing weaknesses and anomalies in the previous system, including divided administration between town and county authorities, for example, in relation to matters such as planning, rating and charges.
Municipal districts now cover the entire territory of each county, reflecting European norms, removing outdated boundaries and ending the anomaly of small towns having municipal status and dual representation, while some larger centres and rural areas lacked any sub-county governance. As well as creating a more rational and comprehensive structural arrangement, the new system enables more effective and community-focused decision making and implementation. Under the new arrangements, there is full integration of local authority resources across each county and elimination of duplication both in administrative and electoral terms.
In 2015, which was the first full year of the revised local government structures, a broadly based Advisory Group was convened to carry out a review of their operation, in conjunction with a Local Government Forum for engagement with the Association of Irish Local Government. Feedback from these deliberations and the results of surveys of local authority members and chief executives, indicate that the revised structures are generally operating well but will need more time to bed down fully. The results of this operational review will provide a key input to the consideration of issues in the preparation of a report for Government and the Oireachtas by mid-2017, pursuant to the Programme for a Partnership Government, on potential measures to boost local government leadership and accountability and to ensure that local government funding, structures and responsibilities strengthen local democracy, including the issue of town or borough council status. Initial scoping work in relation to the development of proposals to address the requirements in the Programme for a Partnership Government is being undertaken in my Department.
42. Deputy Timmy Dooley asked the Minister for the Environment, Community and Local Government the discussions he has had on new planning guidelines for wind turbines; the scenarios he has examined for setback distances between wind turbines and residential homes; and if he will make a statement on the matter. [16376/16]
View answer54. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his plans to regulate developments in the wind turbine sector, and the engagement he will make with local communities affected by these developments. [16410/16]
View answerI propose to take Questions Nos. 42 and 54 together.
In December 2013, my Department published proposed “draft” revisions to the noise, setback distance and shadow flicker aspects of the 2006 Wind Energy Development Guidelines.
These draft revisions proposed:
- the setting of a more stringent day- and night-time noise limit of 40 decibels for future wind energy developments,
- a mandatory minimum setback distance of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and
- the complete elimination of shadow flicker between wind turbines and neighbouring dwellings.
A public consultation process was also initiated on these proposed draft revisions to the 2006 Wind Energy Development Guidelines, which ran until 21 February 2014. My Department received submissions from 7,500 organisations and members of the public during this public consultation process.
As outlined in the recently published Programme for a Partnership Government, this Government is committed to finalising the revisions to the 2006 Wind Energy Development Guidelines within 3 to 6 months. The revisions to the Guidelines will be informed by the public consultation process and by best international practice. My Department will continue to advance work on the Guidelines, in conjunction with the Department of Communications, Energy and Natural Resources.
The revisions to the 2006 Wind Energy Development Guidelines, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála are required to have regard to such guidelines issued under Section 28 in the performance of their functions under the Planning Acts.
43. Deputy Carol Nolan asked the Minister for the Environment, Community and Local Government his plans to introduce additional measures to address the escalating crisis in the increase in child homelessness in May 2016, which is now at 2,177, a 79% increase for the same period in 2015. [18507/16]
View answerThe long-term solution to the challenge of homelessness, including those families with dependants who are homeless, is to increase the supply of homes. The Social Housing Strategy 2020 targets the delivery of 110,000 units for social housing purposes with 35,000 new units to be delivered by local authorities and approved housing bodies, and 75,000 households to be supported mainly through the Housing Assistance Payment Scheme. The Social Housing Strategy 2020 is available on my Department’s website at the following link :http://www.environ.ie/sites/default/files/publications/files/social_strategy_document_20141126.pdf.
While the units identified under the Strategy are coming on-stream a significant number of measures are being taken to address the incidence of homelessness. These measures are identified in the Implementation Plan on the State's Response to Homelessness (May 2014) and in the Action Plan to Address Homelessness (December 2014). These Plans represent a whole-of-Government approach to dealing with homelessness. The implementation of measures identified in these Plans is co-ordinated by my Department and is being overseen by a group of senior officials drawn from key State agencies concerned. This group, which is chaired by my Department, includes the Department of Social Protection; the Department of Health; the Department of Children and Youth Affairs; the Health Service Executive; Tusla (the Child and Family Agency); the Irish Prison Service; and local authorities. The Plans and quarterly progress reports on the implementation of the measures therein are available on my Department’s website at the following link:
http://www.environ.ie/housing/homelessness/policy/homelessness .
In addition, the Government has committed to publishing an ‘Action Plan for Housing’ within its first 100 days. The Action Plan aims to address the challenges in the housing sector in a targeted and meaningful way, building on the considerable work already carried out or underway, including actions to expedite and boost supply of all types of housing, including social housing, in the immediate, medium and longer-terms, focusing in particular on those facing most difficulty in accessing the housing and rental market. There will also be a focus on tackling, more quickly, the issue of those living in emergency accommodation, including households with dependents, by expanding and expediting solutions. Importantly, it will also set out measures to prevent homelessness and keep people in their own homes as far as possible.
44. Deputy Clare Daly asked the Minister for the Environment, Community and Local Government his views regarding the issuing of a green certificate for pyrite properties, particularly in cases where remediation has not taken place, as many persons have been unable to sell their properties due to difficulties in receiving certificates. [18304/16]
View answerOne of the key recommendations of the Report of the Pyrite Panel (June 2012) was the development of a protocol which would facilitate the testing and categorisation of dwellings in order to establish if there is reactive pyrite in sub-floor hardcore material and whether it has caused pyritic heave.
In response to this recommendation, I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation was published by the National Standards Authority of Ireland in January 2013 and provides the means by which dwellings, which may be affected by pyrite can be tested and categorised. In broad terms, the standard sets out a two-step process to facilitate the testing and categorisation of dwellings.
The first step requires that a Building Condition Assessment be carried out; this comprises a desktop study and a visual non-invasive internal and external inspection of a dwelling to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage in that dwelling. Damage ratings of 0, 1 or 2 can be assigned to a dwelling under this process.
The results of the Building Condition Assessment will inform whether the second step, i.e. sampling and testing of the sub-floor hardcore material, will be required in order to confirm the presence or otherwise of reactive pyrite. Dwellings which have been tested and the hardcore is shown not to be susceptible to expansion are classified as Category A (i.e. green certificate). These dwellings have a negligible risk of pyrite damage given that testing has demonstrated that the hardcore is not susceptible to expansion; any damage that may be visible in such dwellings is likely to be attributable to other causes.
My Department understands that the National Standards Authority of Ireland has commenced a review of I.S. 398-1:2013 in the light of practical experience since the standard was first introduced in January 2013. This review is now at an advanced stage and a public consultation on proposed revisions to the standard is anticipated shortly.
45. Deputy Eoin Ó Broin asked the Minister for the Environment, Community and Local Government his plans to introduce legislation to deal with price increases in the event that at the end of the 12-month freeze on bin charge increases, bin companies intend to proceed with significant price hikes. [18485/16]
View answerI have engaged actively and intensively with representatives of the waste industry and have agreed a clear way forward that results in customers paying no more than their current rate for presenting the same amount of waste over the next 12 months - by means of a price freeze to end-June 2017.
Under the agreement reached with the waste industry, customers will from 1 January 2017 be able to see, through a dual billing process, details in their bills about the amount of waste they are disposing of, their costs under the continuation of their current price plan and details of the comparative pay-by-weight charge.
During this transition period, the Government, in partnership with the waste industry, will drive an intensive public awareness, information and promotion campaign to support customers in understanding the new system, how they can change their waste management behaviour and manage better their waste costs under a pay-by-weight system.
The above approach provides increased transparency around what charges households would incur under pay-by-weight and also provides householders with information on the operation and benefits of pay by weight along with the option to switch to pay by weight charging from 1 January, 2017.
After the transitional 12-month period, the operation of pay-by-weight and of the wider waste market will be reviewed to inform decisions in relation to arrangements beyond 1 July 2017, including the need for further legislation as appropriate.
