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Thursday, 17 Nov 2016

Written Answers Nos. 47-59

House Purchase Schemes

Questions (47, 75)

Jackie Cahill

Question:

47. 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 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. [35358/16]

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Jackie Cahill

Question:

75. Deputy Jackie Cahill asked the Minister for Housing, Planning, Community and Local Government if he will review the income criteria for the local authority house purchase scheme; and if he will make a statement on the matter. [35359/16]

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Written answers

I propose to take Questions Nos. 47 and 75 together.

The 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.

To be eligible for this Scheme, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum. This is in order to ensure that they are in a financial position, as the owner, to maintain and insure the property for the duration of the charged period, in compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.

The minimum reckonable income for eligibility under the Scheme is determined by the relevant housing authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the 2014 Act. In the determination of the minimum reckonable income, housing authorities can include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income. The only income that can be included is the income of the tenants of the house.

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. 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.

NAMA Assets Sale

Questions (48)

Paul Murphy

Question:

48. Deputy Paul Murphy asked the Minister for Housing, Planning, Community and Local Government his views on the advertisement of NAMA rental properties for sale on the basis of the potential for large rent increases and reports that a bank (details supplied) intends to sell off up to €1.9 billion in distressed buy-to-let mortgages to vulture funds, in view of the impact this could have on tenants; and if he has raised cross-cutting issues that affect housing with the Minister for Finance, including at the Cabinet sub-committee on housing; and if he will make a statement on the matter. [35429/16]

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Written answers

The Residential Tenancies Act 2004, as amended by the Residential Tenancies (Amendment) Act 2015, regulates the landlord-tenant relationship in the private rented sector and sets out the rights and obligations of landlords and tenants.

The Residential Tenancies Act provides that rents may not be greater than the open market rate and may only be reviewed upward or downward every 24 months unless there has been a substantial change in the nature of the accommodation that warrants a review. Tenants must be given 90 days’ notice of new rent and can make an application for dispute resolution to the Residential Tenancies Board (RTB) where they feel the rent increase is in excess of the market rent. These provisions have effect notwithstanding any provision to the contrary in a lease or tenancy agreement and where a property is sold subject to an existing tenancy, the tenant retains their rights under the Act.

While the circumstances of each case may vary depending on the terms of the mortgage or charge under which a receiver is appointed, the appointment of a receiver cannot affect the statutory or contractual rights of tenants under the Act.

Pillar 4 of the Rebuilding Ireland Action Plan for Housing and Homelessness, commits to developing a comprehensive strategy for the rental sector in Q4 2016. The strategy will lay out measures to address immediate issues affecting the supply, cost and accessibility of accommodation. In particular, the strategy will consider measures to increase security of tenure and in relation to rents; there will also be a focus on maintaining existing levels of rental stock and encouraging investment in additional supply. The strategy will provide a vision of the role that the rental sector will play in the short, medium and long term, in the context of the Government’s overall objectives for the housing sector.

Some of the measures in the rental strategy will require supporting amendments to be made to the Residential Tenancies Act. However, other legislative changes are being accelerated for early enactment in the Planning and Development (Housing) and Residential Tenancies Bill 2016 which commenced Second Stage in the Seanad yesterday. The Bill includes measures to prevent a future recurrence of situations where large numbers of residents in a single development are simultaneously served with termination notices to facilitate vacant possession and sale of the property. These are accompanied by a number of other early actions to enhance the Residential Tenancies Board’s (RTB) enforcement and dispute resolution powers. Tenants and landlords alike will therefore see a number of improvements as a result of these legislative changes.

The Cabinet Committee on Housing, chaired by An Taoiseach, is overseeing the implementation of all actions under Rebuilding Ireland, including the development of the rental strategy, and it meets regularly to review progress. Cross-cutting issues which affect the housing market and the rental market are considered by this Committee, of which the Minister for Finance is also a member.

The overarching objective of the strategy will be to retain existing rental stock in the sector, increase supply and support the development of a stable, strong and viable rental sector offering true choice for households, investment opportunities for providers and reflecting the rights and responsibilities of tenants and landlords.

Social Inclusion and Community Activation Programme

Questions (49)

Pearse Doherty

Question:

49. Deputy Pearse Doherty asked the Minister for Housing, Planning, Community and Local Government his plans to conduct a review of the social inclusion and community activation programme in advance of the second round of tenders in 2017. [35447/16]

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Written answers

My Department has responsibility for the Social Inclusion and Community Activation Programme (SICAP) 2015-2017, the aim of which is to reduce poverty, promote social inclusion and equality through local, regional and national engagement and collaboration. The programme aims to improve the life chances and opportunities of those who are marginalised in society, living in poverty or in unemployment, through community development approaches, targeted supports and interagency collaboration.

SICAP’s target groups are children and families from disadvantaged areas, lone parents, new communities (including refugees and asylum seekers), people living in disadvantaged communities, people with disabilities, Roma, the unemployed (including those not on the Live Register), low income workers/households, Travellers, young unemployed people from disadvantaged areas and young people (aged 15-24) who are not in employment, education or training (NEETs).

In accordance with the Public Spending Code, legal advice, good practice internationally and in order to ensure the optimum delivery of the services to clients, the current Programme was subject to a public procurement process which was open to Local Development Companies, other not-for-profit community groups, commercial firms and national organisations that could provide the services to deliver the new Programme. SICAP is delivered locally by the successful tenderers, called Programme Implementers, who operate under the terms of a Funding Agreement with the Local Community Development Committee (LCDC) in each Local Authority area.

The Department of Public Expenditure and Reform (DPER) has undertaken a public consultation on commissioning human, social and community services, to which my Department has contributed. It is expected that, inter alia, the results arising from the consultation process, together with the DPER Public Spending Code and legal requirements, will determine the nature of the commissioning process used for the next programme.

The new Programme will also be influenced by the results of a series of SICAP evaluations planned. These include a DPER Value for Money Policy Review (VFMPR) of the Programme scheduled to commence during 2017, and an in-depth evaluation of the programme by my Department in collaboration with Pobal and the Economic and Social Research Institute (ESRI). The Programme is also subject to evaluation by reason of its receipt of co-funding under the European Social Fund Programme for Employability, Inclusion and Learning (PEIL) 2014-2020. The results of these evaluations, as well as my Department’s consultations with relevant stakeholders, over the coming months, will also help inform the shape of the next programme.

Local and Community Development Programme Planning

Questions (50)

James Lawless

Question:

50. Deputy James Lawless asked the Minister for Housing, Planning, Community and Local Government if he is satisfied that the process by which local area plans are devised is fit for purpose, in view of the fact that expectations can often be raised that zoning will translate to actual land uses, for example, amenity or educational, and in view of the fact that a coincidence of zoning, ownership and intention is necessary in reality to achieve the desired outcome. [35357/16]

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Written answers

There is a comprehensive process for the preparation and adoption of Local Area Plans (LAPs) which is set out in Sections 18, 19 and 20 of the Planning and Development Act 2000 (as amended). This process provides for extensive public and stakeholder consultation with the adoption of any LAP being a reserved function of the elected members of the relevant local authority.

To assist the local authority elected members and executives, the public and wider stakeholders in the LAP making process, my Department prepared and issued Local Area Plans Guidelines for Planning Authorities in June 2013 under Section 28 of the Planning and Development Act 2000 (as amended). These statutory guidelines include practical advice on all aspect s relating to the preparation and adoption of LAPs, including the phasing of development and engagement around the provision of necessary social and community infrastructure, which needs to be realistic and taking account of the likely availability of funding for such infrastructure, mindful of the broader budgetary and fiscal position of the relevant sponsoring agencies, whether they be the relevant local authority or relevant Government Departments and agencies.

Furthermore, with respect to particular matters relating to the provision of educational facilities, my Department also issued statutory guidelines in 2008 on the Provision of Schools and the Planning System which is being implemented under a Memorandum of Understanding between the Department of Education and Skills and the local government system, in respect of identification and acquisition of sites for new schools.

Specifically with respect to the provision of infrastructure, the LAP Guidelines strongly recommend planning authorities use the powers available to them under Section 20 (1) of the Planning and Development Act 2000 (as amended) to ascertain the views of different infrastructure providers, land owners and developers with particular regard to how future development and infrastructure provision, such as local transport, schools, amenities and water services, might be effectively phased and integrated.

The Guidelines also stress that the results of such statutory engagement with infrastructure providers is a leading influence, in an iterative manner, on the plan - making process, with the practical effect that statutory plans should avoid identifying areas for development where the relevant physical or social infrastructure provider has clearly indicated that investment in essential supporting infrastructure is unlikely to be provided within the lifetime of the plan.

While keeping the matter under general review, I am satisfied that, in view of the extensive legislative underpinning for LAP and the relatively recent statutory guidance on the matter, the processes for devising and implementing statutory LAPs continue to be fit for purpose.

Questions Nos. 51 to 53, inclusive, answered with Question No. 19.

River Basin Management Plans

Questions (54, 161)

Denise Mitchell

Question:

54. Deputy Denise Mitchell asked the Minister for Housing, Planning, Community and Local Government the status of his Department’s work in preparing the second river basin management plan; and if the plan will be ready to submit to European Commission in quarter one of 2017. [35435/16]

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Declan Breathnach

Question:

161. Deputy Declan Breathnach asked the Minister for Housing, Planning, Community and Local Government the progress on the development of second cycle river basin management plan; if consideration will be given to the Neagh Bann river basin plan which crosses the Border counties, in view of Brexit; if these plans will be in place by the end of 2017, as promised; and if he will make a statement on the matter. [35610/16]

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Written answers

I propose to take Questions Nos. 54 and 161 together.

The Water Framework Directive (Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy) establishes a common framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. The overall aim of the Directive is to maintain high and good status waters where they exist and to restore waters that do not currently adequately support aquatic ecosystems. River basin management planning, structured in six-year cycles, is the tool prescribed by the Directive for achieving these aims.

The second-cycle River Basin Management Plan (RBMP) for the period up to 2021 is in preparation at the moment, and the draft Plan is scheduled to be published in the coming months. A six-month public consultation process will take place in the first half of 2017, and the finalised second-cycle RBMP is due for completion by the end of 2017. Once finalised, the second-cycle RBMP will be submitted to the European Commission within three months of its publication.

There is ongoing North-South cooperation on implementation of the Water Framework Directive. In the context of the development of the second cycle RBMP for Ireland, it is intended that there will be a single national River Basin District (RBD) resulting from a merger of the Eastern, South Eastern, South Western, Western and Shannon River Basin Districts that had been provided for in the first cycle RBMP. In addition, a single administrative area will be established for the purpose of coordinating water management with authorities in Northern Ireland for both the North Western and Neagh Bann International RBDs.

Housing Provision

Questions (55)

Bríd Smith

Question:

55. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government his views on the latest pillar of the Rebuilding Ireland action plan, that is housing supply; the way it will address the housing crisis; and if he will make a statement on the matter. [35430/16]

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Written answers

Pillar 3 – Build More Homes – of the Rebuilding Ireland: Action Plan for Housing and Homelessness seeks to accelerate the increase in the supply of housing in order to overcome the current supply shortfall and increase annual output to over 25,000 new homes by 2021 or earlier if possible. Annual housing output for 2015 was 12,600 homes, meaning that housing supply must be effectively doubled during the lifetime of the Action Plan.

A number of actions are already being progressed by my Department in conjunction with other Departments and Agencies, local authorities, Approved Housing Bodies and the construction industry. Last week, I announced details of 23 Major Urban Housing Development Sites with the potential to deliver up to 30,000 additional homes on existing zoned lands and close to the key areas of demand over the next 3-4 years. These sites will be highlighted as exemplars for the co-ordination and delivery of plan-led housing development and active land management.

In order to quickly get these and other key sites moving, a €200 million Local Infrastructure Housing Activation Fund (LIHAF) has been established. Twenty-one local authorities, working in conjunction with housing providers, including private developers, home builders and Approved Housing Bodies, have now submitted proposals for funding which are currently being evaluated. Successful bid proposals will be announced before the end of 2016.

Separately, the NTMA and ISIF are currently exploring opportunities to support the delivery of housing-related on-site enabling infrastructure in large-scale priority development areas, with a view to kickstarting the development process.

The Planning and Development (Housing) and Residential Tenancies Bill 2016 was published earlier this month and is a legislative priority during the current term. The Bill provides for streamlining the planning process in a number of ways, including by facilitating (for a limited time-period) planning applications for large-scale (100 or more units) housing developments and student accommodation developments units (200+ units) to be made directly to An Bord Pleanála.

The combined effect of these and other actions under Pillar 3 of the Action Plan will help reduce costs and deliver more housing at affordable prices where it is most urgently needed.

Social and Affordable Housing

Questions (56)

Dessie Ellis

Question:

56. Deputy Dessie Ellis asked the Minister for Housing, Planning, Community and Local Government his plans to expand an affordable and co-op housing schemes such as a scheme (details supplied) which recently committed to provide a fully integrated, mixed income, affordable, co-operative housing. [35464/16]

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Written answers

I understand that O’Cualann Co-housing Alliance was one of twenty-five bodies that made a submission to the Social Housing Proposals Clearing House Group in 2015. The Group reported in November 2015, and arising from its work, measures are being developed with a view to better facilitating private investment into social housing.

My Department already has a range of funding programmes that support Approved Housing Bodies (AHBs) to build or acquire properties for social housing use. For example, the Social Housing Current Expenditure Programme (SHCEP) operated through my Department currently provides a means whereby properties can be built or bought by AHBs, with the use of private funding, and leased through AHBs and local authorities, for the provision of social housing. This scheme is underpinned by a lease and other legal agreements which provide that rental payments a re made by the State over an agreed long-term time period, typically 20 years, in return for which the housing unit is made available for social housing. 

The Capital Assistance Scheme (CAS) provides funding to AHBs for the provision of accommodation for persons with specific categories of housing needs such as homeless and older people, people with disabilities, returning emigrants and victims of domestic violence.

If an AHB is interested in making use of one of these funding programmes, I would advise them to contact the relevant local authority to discuss how best they can work together and access the relevant funding.

Irish Water Remit

Questions (57)

Shane Cassells

Question:

57. Deputy Shane Cassells asked the Minister for Housing, Planning, Community and Local Government his plans to amend current legislation in order that Irish Water would be responsible for problems pertaining to wastewater services which occur on the property of persons connected to the public supply and in doing so ensure that staff of Irish Water would enter these properties and alleviate the situation in these pipe networks. [35361/16]

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Written answers

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Irish Water is responsible for water services infrastructure including water supply pipes or sewers extending from a waterworks or waste water works to the curtilage of a private property.

Under sections 43 and 54 of the Water Services Act 2007, responsibility for maintenance and replacement of any water or wastewater pipes, connections or distribution systems which are located within the boundary of a private property rests with the owner. This was the position that pertained prior to the establishment of Irish Water when individual local authorities held responsibility for public water services and infrastructure.

While the legal position is set out in the 2007 Act, my Department continues to engage with Irish Water in order to set out clearly the responsibilities of Irish Water and property owners in relation to water supply and wastewater infrastructure.

Question No. 58 answered with Question No. 19.

Local Authority Housing Waiting Lists

Questions (59)

Catherine Connolly

Question:

59. Deputy Catherine Connolly asked the Minister for Housing, Planning, Community and Local Government the up-to-date number of households and the number of persons on the Galway City Council and Galway County Council housing waiting lists; if he will provide a breakdown, in terms of unit size, for the longest waiting time for each list; and if he will make a statement on the matter. [35473/16]

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Written answers

Details on the number of households on waiting lists in each housing authority area are provided in the statutory Summary of Social Housing Assessments. The most recent figures available are the results of the 2013 summary and these can be accessed on my Department’s website at the following link:

www.environ.ie/en/Publications/DevelopmentandHousing/Housing/FileDownLoad,34857,en.pdf.

The 2013 results show that there were 2,471 and 2,099 households on the Galway City Council and Galway County Council waiting lists, respectively. The results are broken down across a range of categories, including by household size and the length of time spent by households on housing lists.

In accordance with a commitment given in the Social Housing Strategy 2020, the summary will be prepared on an annual basis from 2016 onwards. Preparation of the 2016 summary, which will provide up to date figures of national housing need, is well advanced and will be available shortly.

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