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Tuesday, 29 Nov 2016

Written Answers Nos. 283-296

Social and Affordable Housing Provision

Questions (283)

Donnchadh Ó Laoghaire

Question:

283. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Planning, Community and Local Government his plans for any future affordable housing schemes. [37331/16]

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Written answers

The Government’s Rebuilding Ireland: Action Plan for Housing and Homelessness, which is available at the website www.rebuildingireland.ie, sets out a practical and implementable set of actions that aim to increase the supply of homes to 25,000 units per annum by 2020, thereby creating a functioning and sustainable housing system.

Action 4.6 of Rebuilding Ireland provides for the introduction of a new pilot affordable rental scheme to enhance the capacity of the private rented sector to provide quality and affordable accommodation for households currently paying a disproportionate amount of disposable income on rent.

The objective of the scheme is to provide long-term affordable residential accommodation for low to moderate income key-worker households in urban areas of high demand and provide an economic incentive to increase supply of rental accommodation.

Consideration of the pilot affordable rental scheme is being progressed within the context of the comprehensive strategy for the rental sector which is being advanced under action 4.1 of Rebuilding Ireland, and which is due for publication before the end of 2016.

Question No. 284 answered with Question No. 282.
Questions Nos. 285 and 286 answered with Question No. 268.

Housing Assistance Payment Administration

Questions (287)

Donnchadh Ó Laoghaire

Question:

287. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Planning, Community and Local Government his plans to provide, in legislation or otherwise, for applicants on housing lists to obtain HAP, housing assistance payment, from the local authority of which they are an applicant, to obtain a property to rent within the jurisdiction of another local authority and that HAP payments be directed towards this, particularly in neighbouring local authorities such as Cork City Council and Cork County Council. [37335/16]

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Written answers

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 Rebuilding Ireland Action Plan for Housing and Homelessness. HAP is now available to all qualified households in 19 local authority areas, with over 15,500 households currently being supported by the scheme and over 10,000 separate landlords and agents providing accommodation to those households. HAP will be available from 1 December 2016 in the following nine further local authorities - Cavan, Kerry, Laois, Leitrim, Longford, Roscommon, Westmeath, Wexford and Wicklow. 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.

The flexibility of HAP as a form of social housing support is one of the scheme’s key elements and an important benefit envisaged for many households with a housing need. The movement of households, including movement between local authority areas, for the purposes of employment, further education or other reasonable reasons is facilitated for households under the scheme, while retaining HAP support. The movement of HAP approved households between neighbouring local authority areas has been facilitated to date in a small number of cases. However, the phased implementation of the HAP pilot scheme has afforded my Department opportunity for learning and it is in this context that the need for greater ease in the provision of flexibility of movement of HAP households between local authority areas has been identified. This matter is under consideration and the options to facilitate such movements, while remaining cognisant of the Ministerial direction in relation to transfers to other forms of social housing, are being explored within my Department with input from those local authorities where the scheme is operational.

My Department continues to keep the operation of the HAP scheme under review. In general, I am 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.

Regeneration Projects Funding

Questions (288)

Barry Cowen

Question:

288. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if he will provide continued funding to the Ballymun social regeneration fund for 2017 and beyond; and if he will make a statement on the matter. [37346/16]

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Written answers

My Department has recently agreed with Dublin City Council to continue to fund social regeneration community initiatives in Ballymun from the Exchequer at the existing current annual level of €1.7 million in 2017. However, with the physical regeneration of Ballymun now complete, it has been agreed between my Department and Dublin City Council that for 2018 and subsequent years, the Exchequer element for social regeneration initiatives in Ballymun will decrease annually by 25%, with the difference being made up by the Council. Accordingly, the overall level of support for social regeneration initiatives in Ballymun will not be affected and will be fully funded by Dublin City Council by 2021.

Planning Issues

Questions (289)

Brendan Griffin

Question:

289. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government the guidelines local authorities are using in assessing solar farm planning applications; and if he will make a statement on the matter. [37442/16]

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Written answers

There are no specific planning guidelines in place in respect of solar farms. Proposals for individual solar farm developments are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments. Planning applications are made to the relevant local planning authority with a right of appeal to An Bord Pleanála.

Under the Planning and Development Act 2000, as amended, each planning authority’s development plan must set out an overall strategy for the proper planning and sustainable development of the area concerned. Section 10 of the Act requires a development plan to include, inter alia, objectives for the provision or facilitation of the provision of infrastructure, including energy facilities and many local authorities have developed renewable energy strategies for their areas in this context.

In making decisions on planning applications, planning authorities and the Board must consider the proper planning and sustainable development of the area, having regard to the provisions of the development plan, any submissions or observations received and relevant Ministerial or Government policies, including any relevant guidelines issued by my Department. Planning authorities must then make their own decision based on the specific merits or otherwise of individual planning applications.

I am satisfied that the planning code is sufficiently robust to facilitate the assessment of individual planning permission applications for solar farm developments. However, the matter will be kept under review, in consultation with my colleague, the Minister for Communications, Climate Action and Environment, and his Department - which leads on renewable energy policy - in the context of the Government’s White Paper on Energy Policy, entitled Ireland’s Transition to a Low Carbon Energy Future, which was published in December 2015, the development of a Renewable Electricity Policy and Development Framework and the launching of a new subsidy support scheme for renewable electricity by the Department of Communications, Climate Action and Environment, expected in late 2017.

Foreshore Licence Conditions

Questions (290)

Richard Boyd Barrett

Question:

290. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if the planning and environment regulations regarding environmental impact assessments in the regulatory framework here has been amended to comply with the EU directive, as was indicated by the previous Minister (details supplied), to remove obstacles to a foreshore licence application by providence resources to drill on the Kish Bank; and if he will make a statement on the matter. [37449/16]

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Written answers

The European Union (Environmental Impact Assessment) (Planning and Development) Regulations 2014 and the European Union (Environmental Impact Assessment and Appropriate Assessment) (Foreshore) Regulations 2014 gave further effect to Directive No. 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (the EIA Directive). The regulations were signed on 26 November 2014 and amend the Planning and Development Act 2000, the Planning and Development Regulations 2001 and the Foreshore Act 1933. Among other matters, the regulations corrected a fault in Ireland’s transposition of the EIA Directive insofar as it relates to deep drilling activities.

The Minister for Communications, Climate Action and Environment has primary responsibility for the regulation of petroleum activities and I understand he also made regulations to amend relevant legislation in this regard.

The European Union (Environmental Impact Assessment and Appropriate Assessment) (Foreshore) Regulations 2014 provide that, where an application comes before me for a foreshore licence in respect of a petroleum project, it is not necessary for me to carry out an environmental impact assessment of the project if the Minister for Communications, Climate Action and Environment has already carried out an environmental impact assessment of the project, or intends to do so. In effect, the regulations streamline the regulatory regime such that a single environmental impact assessment of petroleum projects is carried out by the Minister for Communications, Climate Action and Environment.

No application for a foreshore licence in respect of oil and gas exploration at Kish Bank is currently on hands in my Department.

Non-Principal Private Residence Charge Collection

Questions (291)

Seán Fleming

Question:

291. Deputy Sean Fleming asked the Minister for Housing, Planning, Community and Local Government the liability due by a person that has not paid the non-principal private residence charge since it was first introduced; the amount due for each year; the amount of late payment fees or additional charges that have been added to this; the total amount that is due by any person who has not made any payment to date; and if he will make a statement on the matter. [37451/16]

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Written answers

The Local Government (Charges) Act 2009, as amended, provides the legislative basis for the Non-Principal Private Residence Charge. The NPPR Charge, which has since been discontinued, applied in the years 2009 to 2013 to any residential property in which the owner did not reside as their normal place of residence. The self-assessed charge is set at €200 per annum and liability for it falls, in the main, on owners of rental, holiday and vacant properties. It is a matter for an owner to determine if he or she has a liability and, if so, to declare that liability and pay the Charge and any late payment fees applicable. Under the Act, it is a function of a local authority to collect Non-Principal Private Residence Charges, and late payment fees due to it and all Charges and late payment fees imposed and payable to a local authority are under the care and management of the local authority concerned.

Section 6 of the 2009 Act, as amended, provides that the owner of a liable property who fails to pay the Charge, in addition to him or her being liable to pay the Charge, is liable to pay to the relevant local authority a €20 late payment fee in respect of each month or part of a month in which the Charge, any late payment fee, or any part of such Charge or fee, remains unpaid.

Part 12 of the Local Government Reform Act 2014 also deals with the collection of undischarged liabilities relating to the NPPR Charge. The Act provided for a period from 2 March 2014 to 31 August 2014 during which time no new late penalties were applied to existing liabilities. If payment was not made in full or if settlement terms were not agreed by the end of that period, an additional late payment fee of €120 per liability date applied on 1 September 2014. As the Charge applied in each of the years from 2009 to 2013, there were five liability dates - 31 July 2009 and 31 March for each of the years 2010 to 2013. In addition to this late payment fee to be applied per liability date, the entire NPPR liability is then increased by a factor of 50% and frozen; the legislation does not provide for further penalties to apply after this date.

The table outlines the liabilities of property owners who have not discharged their NPPR Charge. No additional late payment fees apply in subsequent years as the liability is frozen as of 1 September 2014.

Liability Year

Liability if Payment was made on or before 31 August 2014

Additional Late Payment Fee post 31 August 2014

Liability if Payment made on or after 1 September 2014

2009

€1,260

€810

€2,070

2010

€1,100

€730

€1,830

2011

€860

€610

€1,470

2012

€620

€490

€1,110

2013

€380

€370

€750

Total

€4,220

€3,010

€7,230

Private Rented Accommodation

Questions (292)

Josepha Madigan

Question:

292. Deputy Josepha Madigan asked the Minister for Housing, Planning, Community and Local Government the current regulations applicable to property renters and the further regulations planned with regard to the negative implications upon housing supply of peer-to-peer accommodation rental companies (details supplied). [37454/16]

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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 residential sector and sets out the rights and obligations of landlords and tenants.

Minimum standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2008, as amended by the Housing (Standards for Rented Houses) (Amendment) Regulations 2009, made under section 18 of the Housing (Miscellaneous Provisions) Act 1992. The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, ventilation, natural light and safety of gas and electrical supply.  With very limited exemptions, these regulations apply to local authority and voluntary housing units as well as private rented residential accommodation. To ensure that the standards reflect the requirements of a modern rental market, a review of the Standards Regulations has been initiated. The review is at an advanced stage with new regulations currently being finalised.

Pillar 4 of Rebuilding Ireland Action Plan for Housing and Homelessness, which deals with the Rental Sector, commits to developing a comprehensive strategy for the sector in Q4 2016. The strategy will be structured around 4 key areas: security, standards, supply and services. In terms of supply, the strategy will focus on maintaining existing levels of rental stock and encouraging investment in additional supply. All the main issues that affect the availability of dwellings in the rental market, including the issue of short-term lettings, will be considered during the development of the strategy, which will be informed by submissions received from the recent public consultation process that concluded on 7 November. The overarching objective of the strategy will be to 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.

In the context of the recent determination by An Bord Pleanála in relation to the exclusive use of an apartment as a commercial letting through Air BnB, I have asked my Department to examine the decision, which is of course primarily a matter for planning authorities to determine, and consider the appropriate steps, including the provision of statutory planning guidelines, to provide clarity and consistency of approach by all planning authorities in terms of planning requirements for such commercial lettings. In this regard, I will provide guidance to local authorities by way of circular letter before the end of the year.

Health and Safety Regulations

Questions (293)

Thomas Byrne

Question:

293. Deputy Thomas Byrne asked the Minister for Housing, Planning, Community and Local Government the body responsible for the investigation of accidents at funfairs (details supplied). [37465/16]

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Written answers

Section 239 of the Planning and Development Act, 2000 places a statutory duty on organisers of funfairs and owners of fairground equipment to take such care as is reasonable for ensuring that persons at a funfair do not suffer injury or damage by reason of dangers arising from the funfair or associated activities.

This legislation also requires that the owner of fairground equipment shall not make it available to the public unless such equipment has a valid certificate of safety. The organiser of a funfair is required to give notice of the event to the relevant local authority and such notice is to be accompanied by a valid certificate of safety.

In circumstances where the above provisions in relation to notice and valid certificates of safety have not been complied with, the legislation provides that the relevant local authority may serve notice requiring the cessation of the fairground/funfair operations.

The planning legislation does not assign responsibility to a specific body to investigate accidents at funfairs; however, provisions in criminal justice and safety, health and welfare at work legislation provide a range of responsibilities and roles for investigation of accidents.

Question No. 294 answered with Question No. 261.

Local Authority Housing Maintenance

Questions (295)

Joan Burton

Question:

295. Deputy Joan Burton asked the Minister for Housing, Planning, Community and Local Government the number of voided properties which have been refurbished and relet by each local authority from 2013 to date in 2016. [37512/16]

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Written answers

The routine turnaround of vacant social housing stock is a matter for each local authority. However, my Department in 2014 introduced a new target-driven and cost effective Voids Retrofitting Programme. The key objective of this revised programme is to return targeted vacant stock to a lettable, energy efficient condition at a reasonable cost. My Department’s funding is to support the authorities in tackling those houses that may require a greater level of remediation than the normal level of pre-letting repairs that is the responsibility of local authorities as part of their ongoing repair and maintenance of local authority housing. Funding is given on the condition that the re-letting of vacant social housing units is achieved with minimal delay.

The table sets out the details in tabular form of the numbers returned to productive use under the programme in 2014 and 2015 and details of the allocations for 2016.

Local Authority

No of Units returned 2014

No of Units returned

2015

Allocations

Approved (Units) 2016

Carlow

42

28

8

Cavan

23

28

16

Clare

65

96

79

Cork City

212

281

255

Cork County

155

199

106

Dún Laoghaire-Rathdown

5

24

19

Donegal

167

146

134

Dublin City

467

787

574

Fingal

165

139

171

Galway City

24

25

22

Galway County

76

59

49

Kerry

79

103

103

Kildare

49

20

26

Kilkenny

25

23

16

Laois

43

12

12

Leitrim

15

9

47

Limerick

98

52

18

Longford

16

22

31

Louth

18

21

8

Mayo

80

86*

26

Meath

59

54

66

Monaghan

21

13

47

Offaly

35

55

44

Roscommon

34

36

80

Sligo

29

39

133

South Dublin

92

27

75

Tipperary

86

115

122

Waterford

42

56

86

Westmeath

56

74

57

Wexford

20

24

23

Wicklow

35

43

10

TOTAL

2,333

2,696

2,463

Local Authority Housing Maintenance

Questions (296)

Joan Burton

Question:

296. Deputy Joan Burton asked the Minister for Housing, Planning, Community and Local Government the average time taken by each local authority to refurbish and relet properties including houses purchased by local authorities. [37513/16]

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Written answers

The time taken by local authorities to refurbish and re-let properties varies significantly depending on the condition of each property and whether it is an existing social house that is being refurbished after becoming vacant, or a newly acquired, second-hand house. In the latter category, local authorities acquire houses that range in condition from those that require minimal refurbishment prior to re-letting, to those that may be largely derelict and require extensive refurbishment and building works.

It is appropriate that local authorities have the scope to acquire all types of second-hand properties, from those that can be made available for early letting to those that require considerable refurbishment. Given the range of different scenarios that are faced by local authorities when acquiring houses, my Department does not collect statistics on the time they take for refurbishment. In all scenarios, it is important that local authorities undertake the works as swiftly as possible and my Department continues to provide the necessary funding to support such situations.

Statistics in relation to re-letting times for existing social houses that are refurbished after becoming vacant are published by the National Oversight & Audit Commission and the most recently available statistics, in respect of 2015, are available at the following link: http://noac.ie/wp-content/uploads/2016/11/2015-PI-Report.pdf.

These statistics show the average time from date of vacation of a dwelling to the date when a new tenancy had commenced. This is different from the time taken to refurbish a dwelling and other factors will impact on the time taken to re-let a social house, in particular the possibility of offers for houses being refused.

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