Written Answers Nos. 176-95
176. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the regulations regarding the work local authorities can carry out in the event of vegetation or blockages posing a threat of flooding, including damaging properties and risking structural damage to the road network. [33290/16]
View answerLocal Authorities have wide powers to undertake necessary works in relation to maintaining their administrative areas. From a planning legislation perspective, section 4 of the Planning and Development Act 2000 provides a general exemption for works carried out by local authorities except in certain circumstances where works require environmental impact assessment (in accordance with the EIA Directive) or appropriate assessment (in accordance with the Habitats Directive).
While general debris and vegetation clearance activities would not normally come within the scope of such obligations, local authorities proposing to undertake more extensive works, such as drainage and channel modifications, need to be cognisant of the potential impact on habitats and the environment and the associated legislative requirements.
More specifically, section 175 of the Planning Act provides that where works carried out by the local authorities exceed the thresholds set out in Schedule 5 of the Planning Regulations, an Environmental Impact Statement must be prepared and submitted to An Bord Pleanála for approval.
Similarly, section 177AE of the Planning Act provides that where local authority works require Appropriate Assessment the authority is required to make an application for consent to An Bord Pleanála.
In addition, as outlined in section 20 of the recently published Planning and Development (Housing) and Residential Tenancies Bill 2016, it is proposed to introduce a new stand-alone EIA screening process in planning legislation - separate from the requirements in relation to the obtaining of planning permission - to essentially determine whether EIA is required in respect of proposed development, including flood related works. Where the screening process determines that a proposal will have significant effects on the environment, then a full EIA and planning permission will be required in respect of the works. However, if no significant environmental impacts are likely to occur from the proposed development or activity, then no EIA will be required; furthermore, planning permission will not be required if the proposed works are below the exempted development thresholds for such flood related works, as set in the Planning and Development Regulations 2001 (as amended).
Works relating to the road network are a matter for the Minister for Transport, Tourism and Sport and I have no role in that matter.
177. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the guidelines his Department has issued to local authorities advising them of the maximum amount of time a family with children experiencing homelessness should spend living in emergency hotel and bed and breakfast accommodation; and his plans to issue new guidelines to local authorities in this regard, in view of the pledge to remove all families from this form of emergency accommodation by mid 2017. [33295/16]
View answerMy 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. In accordance with section 37(2) of the Housing (Miscellaneous Provisions) Act 2009, statutory responsibility in relation to the provision of homeless services, including accommodation, rests with individual housing authorities.
No guidelines have issued from my Department to local authorities in relation to the matter raised in the question nor is it intended to do so. However, it is fully recognised that the period of time that families spend in emergency hotel and bed and breakfast accommodation should be minimised. This is reflected in the commitment in Rebuilding Ireland: Action Plan for Housing and Homelessness that by mid-2017, hotels should only be used in limited circumstances for emergency accommodation for families; this will be achieved by meeting their housing needs through the enhanced Housing Assistance Payment (HAP) scheme and general housing allocations, and by providing new supply to be delivered through an expanded Rapid Build Housing Programme and a Housing Agency initiative to acquire vacant houses. My Department is working closely with local authorities and the Housing Agency towards the achievement of these actions and initiatives.
178. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the guidelines his Department has issued to local authorities advising them of the way they should define voluntary homelessness compared to involuntary homelessness; if his Department has issued guidelines to local authorities on the way they are to record presentations that are deemed to be voluntary homeless; and the number of presentations in 2015 where persons presenting are deemed to be voluntary homeless. [33296/16]
View answer186. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on whether the use of the criterion that a person is intentionally homeless as grounds for refusing homeless priority by a local authority has no basis in legislation and that the use of this criterion is a misapplication of the homeless definition under the Housing Act 1988. [33304/16]
View answerI propose to take Questions Nos. 178 and 186 together.
Section 2 of the Housing Act 1988 sets out the requirements for a person to be regarded as homeless by a housing authority for the purposes of the Act. It is a matter for the housing authority concerned to determine whether a person is regarded as homeless. I have not issued any guidelines to housing authorities in this matter.
179. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government when the housing needs assessment in each local authority will be completed; the common assessments that are being undertaken across all local authorities; and when the results of these assessments are due to be published. [33297/16]
View answerIn line with a commitment given in the Social Housing Strategy 2020, summaries of social housing assessments will now be undertaken on an annual basis, starting this year
The summary process requires all housing authorities to review those households who are on their housing list but who are not currently in receipt of housing support. This is to ensure that the details of the applicant households are up to date and accurate and that they remain eligible for, and in need of, social housing support in accordance with the criteria set down in the Housing (Miscellaneous Provisions) Act 2009 and associated Social Housing Assessment Regulations. As part of this assessment, all local authorities wrote to relevant households over the past number of months, including those in transitional and shared or emergency accommodation if relevant, informing them of the assessment process and seeking updated information where necessary.
All local authorities are required to submit their returns electronically to a central IT system managed by the Local Government Management Agency. Following the verification and analysis of the uploaded information, a report collating the Summary findings will be submitted to my Department by the Housing Agency. Work in this regard is well advanced and I expect the 2016 Summary to be finalised shortly.
180. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the details on local authority transfer lists for HAP recipients; if the transfer lists that HAP recipients can apply to within two weeks of taking up the scheme are general transfer lists or HAP specific transfer lists; and if a HAP recipient who applies to a transfer list within two weeks of taking up the scheme will retain the same level of housing allocation priority on the transfer list as on the general social housing waiting list. [33298/16]
View answer181. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on whether there is a problem with the homeless HAP scheme whereby persons refuse the scheme due to the perception that they will lose their place on the social housing waiting list; and if his Department has undertaken any research regarding the perception of the homeless HAP scheme among potential candidates for the scheme. [33299/16]
View answer182. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of persons that have been offered the homeless HAP scheme who have refused to participate in the scheme to date. [33300/16]
View answer183. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of HAP recipients in each local authority in tabular form; and if he will provide columns showing the number of HAP recipients in full-time employment, in part-time employment, in training and who are unemployed. [33301/16]
View answer187. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if it is a statutory obligation on the part of local authorities to inform HAP recipients of the need to apply to the transfer list within two weeks of being taken onto the scheme in order to retain their position on the social housing waiting list under the HAP scheme; and if he is satisfied that local authorities are informing HAP recipients of this. [33305/16]
View answerI propose to take Questions Nos. 180 to 183, inclusive, and 187 together.
The implementation of the Housing Assistance Payment (HAP) scheme is a key Government priority and the accelerated roll-out of the scheme on a national basis is an important early action for completion in the Government's Action Plan for Housing and Homelessness, Rebuilding Ireland. HAP is now available to all qualified households in 19 local authority areas, with over 14,500 households currently being supported by the scheme and 9,500 separate landlords and agents providing accommodation to those households. A breakdown of the number of households supported by HAP in each local authority area at the end of Quarter 3, 2016 is available on my Department's website at the following link: http://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision.
As HAP is deemed to be a social housing support under the Housing (Miscellaneous Provisions) Act 2009, 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, a statutory direction was issued to all authorities involved in the 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 a transfer option. Local authorities were 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. The practical operation of transfer lists in the context of the Ministerial direction is a matter for each local authority to manage, on the basis of their scheme of letting priorities. In general, housing authorities offer HAP recipients the opportunity to apply to go on the transfer list at the point when their HAP application is approved and the differential rent contribution is signed by the household. The 2 week period referred to is not a statutory period. I understand that it is a timeframe operated by local authorities for the purposes of receiving a reply to correspondence with HAP recipients. Local authorities and my Department are working closely together in order to ensure the successful implementation of the scheme and the Ministerial Directive relating to the operation of transfer lists, and I am satisfied that all local authorities are informing HAP applicants of the opportunity to apply to go on to the transfer list, as a matter of course. It is ultimately the choice of the HAP recipient to choose if they wish to be placed on a local authority's transfer list and I understand that the majority of HAP households do avail of this option. As of the start of November 2016, over 190 households across the country have transferred from the HAP scheme to other forms of social housing support.
The Homelessness Pilot of the HAP scheme has been operational since February 2015 across the four housing authorities in the Dublin Region, i.e. Dublin City Council, Dún Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council, and is being implemented through the Dublin Region Homeless Executive (DRHE). The focus of this pilot scheme is to transition qualified households from emergency accommodation, including hotels, into private rented tenancies. There are currently 637 households being supported by the Homeless HAP pilot scheme across Dublin. At this point, the full HAP scheme is only available to all qualifying households in one of the four Dublin local authorities, South Dublin County Council. The full roll-out of the scheme to the remaining Dublin local authorities is planned for Q1, 2017.
Rebuilding Ireland commits to meeting the housing needs of 1,750 homeless households through the Homeless Pilot of the HAP scheme over 2016 and 2017, as part of the overall accelerated HAP target of supporting 27,000 new households over the same period. As of 7 November, 586 tenancies had been set up under the pilot scheme this year, meeting the Rebuilding Ireland target of 550 homeless households to be supported by the scheme in 2016. My Department does not hold data on the number of persons that have been offered the homeless HAP scheme that have refused to participate in the scheme to date. The performance of the Homeless HAP scheme continues to improve with a doubling in the number of new households being supported by the scheme each week since the review of HAP rent limits in July of this year.
While I am happy with the improved performance under the scheme, I have asked my Department to continue to monitor it closely and engage directly with the relevant local authorities to ensure its effectiveness and its attractiveness to homeless households.
The data sought in relation to numbers of HAP-supported households in full time employment, in part time employment, in training and that are unemployed broken down by local authority is not held by my Department. My Department, local authorities and the HAP Shared Service Centre (SSC) - being provided by Limerick City and County Council - are working together to develop data collection and reporting mechanisms to provide robust indicators in relation to the activation objective of the HAP scheme. The development of these indicators is being overseen by the HAP Oversight Group that is jointly chaired by the Secretaries General of my Department and the Department of Social Protection.
My Department continues to keep the operation of the scheme under review. I am very satisfied with how the HAP scheme is operating and I consider it to be a key vehicle for meeting housing need and fulfilling the ambitious programme under Rebuilding Ireland.
184. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of eviction orders under section 12, in addition to under sections 13 and 17, of the Housing Act 2014 that were issued to local authority housing tenants in 2015 and 2016 in each local authority, in tabular form; and the number of tenancy warning notices under sections 7 to 10, inclusive, that were issued in each local authority in 2015 and 2016. [33302/16]
View answerThe following table sets out the information collected by my Department in relation to the matters in question. As the information is collected on an annual basis, data for 2016 will not be available until next year.
It should be noted that the powers of local authorities in this regard were enhanced with the commencement of Part 2 of the Housing (Miscellaneous Provisions) Act 2014 on 13 April 2015. Part 2 strengthens the power of housing authorities to recover possession of their dwellings from households in serious breach of their tenancy agreements provided that certain procedures are followed.
Number of evictions from local authority dwellings in 2015 carried out on foot of warrants/applications for possessions
|
Local Authorities |
Anti-social behaviour |
Rent arrears |
Refusal to transfer tenancy |
Squatters |
Other Grounds |
TOTAL |
|
Carlow |
0 |
1 |
0 |
0 |
0 |
1 |
|
Cavan |
0 |
0 |
0 |
0 |
0 |
0 |
|
Clare |
0 |
0 |
0 |
0 |
0 |
0 |
|
Cork_City |
0 |
0 |
0 |
0 |
0 |
0 |
|
Cork_Co |
0 |
1 |
0 |
0 |
0 |
1 |
|
Donegal |
0 |
0 |
0 |
0 |
0 |
0 |
|
Dublin_City |
0 |
0 |
0 |
0 |
0 |
0 |
|
DLR |
0 |
2 |
2 |
0 |
0 |
4 |
|
Fingal |
0 |
0 |
0 |
0 |
0 |
0 |
|
Galway_City |
0 |
1 |
0 |
0 |
0 |
1 |
|
Galway_Co |
0 |
0 |
0 |
0 |
0 |
0 |
|
Kerry |
0 |
0 |
0 |
0 |
0 |
0 |
|
Kildare |
0 |
0 |
0 |
0 |
0 |
0 |
|
Kilkenny |
0 |
1 |
0 |
0 |
0 |
1 |
|
Laois |
0 |
0 |
0 |
0 |
0 |
0 |
|
Leitrim |
0 |
0 |
0 |
0 |
0 |
0 |
|
Limerick |
0 |
0 |
0 |
0 |
0 |
0 |
|
Longford |
0 |
0 |
0 |
0 |
0 |
0 |
|
Louth |
0 |
0 |
0 |
0 |
0 |
0 |
|
Mayo |
0 |
0 |
0 |
0 |
0 |
0 |
|
Meath |
0 |
0 |
0 |
0 |
0 |
0 |
|
Monaghan |
0 |
0 |
0 |
0 |
0 |
0 |
|
Offaly |
0 |
0 |
0 |
0 |
0 |
0 |
|
Roscommon |
0 |
0 |
0 |
0 |
0 |
0 |
|
Sligo |
0 |
0 |
0 |
0 |
0 |
0 |
|
South_Dublin |
0 |
2 |
0 |
0 |
0 |
2 |
|
Tipperary |
0 |
0 |
0 |
0 |
0 |
0 |
|
Waterford |
0 |
0 |
0 |
0 |
0 |
0 |
|
Westmeath |
0 |
0 |
1 |
0 |
0 |
1 |
|
Wexford |
0 |
1 |
0 |
0 |
0 |
1 |
|
Wicklow |
0 |
0 |
0 |
0 |
0 |
0 |
|
Total |
0 |
9 |
3 |
0 |
0 |
12 |
185. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of homeless presentations and applications to access the social housing waiting list that are transferred to another local authority based on local connection tests; his views on whether such local connection tests can have negative consequences on applicants who are going from one local authority to another; and if he is considering any proposals for improving guidelines on case management in this area whereby local councils should have to confirm a local connection before referring an applicant. [33303/16]
View answerMy Department does not hold the information sought. The assessment of households for social housing support is the responsibility of the relevant local authority in accordance with the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, which set down a standard procedure for assessing applicants for social housing support.
A household may apply for support to one housing authority only (the “housing authority of application”), which may be the authority for the area in which the household normally resides or with which it has a local connection, or the authority that agrees, at its discretion, to assess the household for support. In determining whether a household has a local connection with its area, a housing authority must have regard to whether a household member:
- lived in the area for a continuous 5 year period at any time in the past,
- is employed in the area or within 15 km of the area,
- is in full-time education, or attending specialist medical care in the area, or
- has a relative (defined in the Regulations) living in the area for 2 years or longer.
In 2013 my Department issued a clarification to all local authorities on the issue of the normal residence and local connection criteria, which advised that households were only required to meet either criterion, not both. Thus, where a household resides in a local authority’s area, there is no requirement to have a local connection in order to apply to that authority for support.
The clarification provided that “normally resides” was generally intended to refer to the housing authority where the household is currently resident and the household was required to provide proof of this, such as a utility bill, proof of a social welfare payment, a lease etc. In relation to a household living in emergency accommodation, the only proof of residence may be a social welfare payment and it was not the intention that such households would also have to demonstrate a local connection.
As the 2011 Regulations do not provide for a housing authority to impose a minimum period of residence in the area prior to application for social housing support, authorities were advised that it was not intended that households were required to have resided in the functional area of the housing authority of application for a minimum length of time in order to be considered eligible for assessment.
188. Deputy Jackie Cahill asked the Minister for Housing, Planning, Community and Local Government if he will review and amend the criteria of the local authority house purchase scheme to accommodate the financial support that families wish to give their parents who are council tenants in the purchase of their homes from the local authority; and if he will make a statement on the matter. [33327/16]
View answerThe Tenant (Incremental) Purchase Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme.
Under the Scheme, the tenant pays the market value of the house less a discount. It is the responsibility of the tenant to raise the finance to purchase the house. A tenant may fund the purchase money for a house from a mortgage loan and/or their own resources which may include funds provided by family members.
Notwithstanding this, to be eligible for this Scheme, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum. In order to ensure the sustainability of the scheme, it is essential that an applicant’s income is of a long-term and sustainable nature. This is necessary to ensure that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period. This ensures compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.
In line with the commitment in the Programme for a Partnership Government and reaffirmed in Rebuilding Ireland - Action Plan for Housing and Homelessness, it is intended that a review of the Scheme will be undertaken in January 2017 following the first 12 months of operation and any changes to the terms and conditions of the scheme which are considered necessary based on the evidence gathered at that stage will be brought forward.
189. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government if a thatching grant will be awarded to a person (details supplied); and if he will make a statement on the matter. [33346/16]
View answerMy Department provided a Thatching Grant for the full eligible amount in respect of the property concerned in 2014. The completion of the work, as funded in 2014, was verified by an on-site inspection by my Department.
Under the Thatching Grant Scheme, a premises is not eligible for new funding within 7 years of previous funding and the applicant in question has been notified of this.
190. Deputy Martin Ferris asked the Minister for Housing, Planning, Community and Local Government the amount allocated to each county council (details supplied) for each year from 2004 to 2014 to groups and individuals for community events and purposes. [33372/16]
View answerI refer to the reply to Question No. 75 of 19 October 2016 which sets out the position in this matter.
191. Deputy Regina Doherty asked the Minister for Housing, Planning, Community and Local Government if he will provide a breakdown in commercial rates, in tabular form, collected by Meath County Council associated with occupiers of commercial and industrial property within Ashbourne town. [33373/16]
View answerThe information requested is not available in my Department, and may be sought from Meath County Council.
192. Deputy Colm Brophy asked the Minister for Housing, Planning, Community and Local Government the details of the implementation of section 204 of the Planning and Development Act 2000, including details of approved landscape conservation orders and details of any guidelines or orders made by Ministers in relation to this section of the Act. [33385/16]
View answerUnder section 204 of the Planning and Development Act 2000 (as amended), it is a reserved function of a planning authority to designate, by order - for the purposes of the preservation of the landscape - any area or place within its functional area as a landscape conservation area. I am not aware that any planning authority has exercised its powers under this provision to date.
Regulations have not been made to date under section 204(2) of the 2000 Act, which provides that, notwithstanding any exemption from the requirement to obtain planning permission granted under section 4 of the Act, or any regulations made under that section, the Minister may prescribe development that, for the purpose of section 204, shall not be exempted from the requirement to obtain planning permission.
It is also the case that no Ministerial guidelines have issued to planning authorities to date under section 28 of the 2000 Act in relation to the preservation of landscapes.
193. Deputy Joan Collins asked the Minister for Housing, Planning, Community and Local Government the number of applications for funding for Traveller specific accommodation submitted to his Department in 2015 and 2016 by Sligo County Council; the decisions made to date on these applications; if these applications were granted or refused; if refused, the grounds under which they were refused; when decisions on the remainder of the applications will be made; and if he will make a statement on the matter. [33431/16]
View answer194. Deputy Joan Collins asked the Minister for Housing, Planning, Community and Local Government the amount of funding sought and allocated to Sligo County Council in each of the years 2011 to 2015 and in 2016 to date in respect of Traveller accommodation; and if he will make a statement on the matter. [33432/16]
View answerI propose to take Questions Nos. 193 and 194 together.
In accordance with the Housing (Traveller Accommodation) Act 1998, housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department's role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.
Local authorities adopted the fourth and current round of TAPs in April 2014, with the five-year rolling programmes running from 2014 to 2018. These programmes provide a road map for local authority investment priorities over the period. They also form the basis for the allocation of funding from my Department for traveller accommodation.
In 2015, Sligo County Council submitted two proposals for funding. One of these was a preliminary proposal and further details and costings were requested from the Council which have not yet been received. In relation to the second proposal, the Council was asked to submit a detailed appraisal that would address some concerns raised by my Department and no such appraisal has been received to date.
In 2016, the Council submitted three proposals for funding. The Council has been notified that indicative funding in relation to two of these proposals in the total amount of €192,292 has been approved. Indicative funding means that the Council will be eligible for a formal allocation and recoupment in 2017 should the proposals proceed. Further information has been requested of the Council in relation to the third proposal and a response is awaited from the Council in this regard.
Given the complexities and timelines associated with capital projects, the funding sought for individual projects can vary at different stages. However, the actual capital allocations and recoupments to Sligo County Council in respect of Traveller-specific accommodation for the years 2011 to 2016 are set out in the following table.
|
Year |
Allocation |
Recouped |
|
2011 |
500,000 |
624,885 |
|
2012 |
18,090 |
17,225 |
|
2013 |
8,000 |
9,700 |
|
2014 |
0 |
0 |
|
2015 |
0 |
0 |
|
2016 |
0 |
0 |
195. Deputy Brian Stanley asked the Minister for Housing, Planning, Community and Local Government the gender breakdown using the staffless libraries in the three libraries where the scheme has been operating in Tubbercurry, Tullamore and Banagher. [33438/16]
View answerThe ‘My Open Library’ service is an initiative under Opportunities for All, the national public library strategy 2013-2017. It forms part of the overall strategy to address customer demand and grants members the freedom and flexibility to use the library at the hours that suit them best.
A ‘My Open Library’ pilot operated in three library branches - Tullamore and Banagher Libraries in Offaly and Tubbercurry Library in Sligo. Data on the operation of the pilots, including the numbers of service users, was collected by the respective local authorities. This data was not broken down on a gender basis; accordingly, the information requested is not available.
