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Tuesday, 31 Jan 2017

Written Answers Nos. 275-85

Archival Material

Questions (275)

Joan Burton

Question:

275. Deputy Joan Burton asked the Minister for Housing, Planning, Community and Local Government the supports in place for the development and protection of county archive services to preserve local cultural patrimony. [4095/17]

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Written answers

I refer to the reply to Question No. 249 of 29 November 2016 which sets out the position in this matter.

Social Inclusion and Community Activation Programme Funding

Questions (276)

Joan Burton

Question:

276. Deputy Joan Burton asked the Minister for Housing, Planning, Community and Local Government if the investment of €37.5 million, as outlined in point 50 of the Action Plan for Rural Development, to implement the social inclusion and community activation programme is in addition to the funds previously committed by the Department of Social Protection to the programme; and if he will make a statement on the matter. [4112/17]

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Written answers

The Social Inclusion and Community Activation Programme (SICAP) was rolled out across communities, both urban and rural, in April 2015 and will run until 31 December 2017. The aim of the SICAP is to reduce poverty, and promote social inclusion and equality through local, regional and national engagement and collaboration. SICAP is a key priority of Government and its vision is 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, where the values of equality and inclusion are promoted and human rights are respected.

Responsibility for this programme rests with my Department. The SICAP programme delivery budget as approved in the Revised Estimates Volume for 2017 under Vote 34, Subhead D.4 is €37.5 million. This includes an allocation of €3 million under the European Structural Funds (ESF) Programme for Employability, Inclusion and Learning (PEIL) 2014-2020.

SICAP is a separate and distinct programme which complements mainstream service provision through other Departments including, for example, some of the Department of Social Protection programmes.

Rural Development Plan

Questions (277)

Joan Burton

Question:

277. Deputy Joan Burton asked the Minister for Housing, Planning, Community and Local Government the way his Department proposes to review planning legislation to allow the change of use of vacant commercial properties in cities, towns and villages, including vacant or under-utilised areas over ground floor premises, into residential units without having to go through the planning process, as outlined in point 6 of the action plan for rural development; and if he will make a statement on the matter. [4114/17]

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Written answers

The Action Plan for Rural Development, which was launched on 23 January 2017, is primarily the responsibility of my colleague, the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs. However, as the proposal listed at Action 6 therein relates to a planning matter, its delivery falls to my Department.

The proposed action – which was also incorporated in the Government’s Action Plan for Housing and Homelessness: Rebuilding Ireland published in July 2016 – is indicative of the ambitious priority attached to urban regeneration by the Government, as incorporated in the Programme for a Partnership Government, and is one of a series of specific actions proposed to facilitate the regeneration of our urban centres, many of which were adversely impacted by the economic downturn.

To drive forward consideration and implementation of these actions, I have established a Working Group, chaired by my colleague, Damien English, T.D. the Minister of State with responsibility for Housing and Urban Renewal, and comprising senior representatives from my Department, local authorities and other relevant actors, to bring forward proposals for new urban regeneration measures as early as possible. It is intended that the new measures will complement the existing regeneration programme under my Department’s Social Housing Capital Programme, as well as other social regeneration initiatives already under way. The Working Group is due to report by the end of the first quarter of 2017.

Commercial Rates

Questions (278, 304, 305, 306, 307)

Eugene Murphy

Question:

278. Deputy Eugene Murphy asked the Minister for Housing, Planning, Community and Local Government the detail of the workings of the rates alleviation scheme; if County Roscommon will be included in this scheme in view of the high levels of rates in the county which are making it extremely difficult for rural businesses to survive; and if he will make a statement on the matter. [4296/17]

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Barry Cowen

Question:

304. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if his Department has considered proposals to introduce a rate relief scheme for start-up companies that set up in town centres and other neglected areas specified by the local authority as a means of rejuvenating town centres. [4236/17]

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Barry Cowen

Question:

305. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if his Department has considered proposals to introduce an ability to pay clause for businesses that are struggling to pay commercial rates due to liquidity or solvency issues. [4237/17]

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Barry Cowen

Question:

306. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if his Department has considered proposals to create a national temporary rate relief for businesses that move into unoccupied premises for the purposes of helping to reduce the number of empty units across main streets in towns; and if he will make a statement on the matter. [4238/17]

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Barry Cowen

Question:

307. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the progress his Department is making on establishing a commission to review the future of the commercial rates system. [4239/17]

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Written answers

I propose to take Questions Nos. 278 and 304 to 307, inclusive, together.

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation pursuant to the Valuation Acts 2001 to 2015. The levying and collection of rates are matters for each individual local authority.

Commercial rates form an important element of the funding of all local authorities. However, the legislative basis for the levying of rates is spread over a number of enactments, some dating back to the 19th century. Many of the provisions are outdated and not suitable for business trends in the modern era. I have asked my Department to develop proposals for the preparation of a consolidated Rates Bill to modernise and consolidate the legislation in this area. Among the measures being considered for the General Scheme of the Bill are provisions to allow a local authority to introduce rates alleviation schemes to support, inter alia, urban regeneration and rural development.

The Government recently launched Realising Our Rural Potential: The Action Plan for Rural Development. The Plan is aimed at delivering real change for people living and working in rural Ireland and includes a specific action to determine the feasibility of enabling local authorities to introduce rates alleviation schemes to support rural development policy objectives. I have asked my Department to develop proposals in this regard for inclusion in the General Scheme of the Rates Bill. I hope to bring proposals in this regard to Government in the coming weeks.

Commercial Rates Yield

Questions (279, 303)

Eugene Murphy

Question:

279. Deputy Eugene Murphy asked the Minister for Housing, Planning, Community and Local Government the total amount of rates which is collectable in County Roscommon for 2018 from the rateable holders who have received proposed valuation certificates under the new valuation system; the way in which that figure varies from the amount taken in for 2017; and if he will make a statement on the matter. [4297/17]

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Barry Cowen

Question:

303. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on the fact that the county-wide valuations that have just been completed in counties Kildare, Leitrim, Longford, Offaly, Roscommon, Sligo and Westmeath could lead to substantially higher commercial rates being paid by businesses; and if his attention has been drawn to reported instances in which businesses in these counties have received valuations that would have the effect of substantially increasing their commercial rates bill. [4235/17]

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Written answers

I propose to take Questions Nos. 279 and 303 together.

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. The Commissioner for Valuation has sole responsibility for all valuation matters except appeals of valuation procedures set out under the Valuation Acts 2001 to 2015, as amended, which comes under the remit of an independent Valuation Tribunal. The Valuation Acts come under the aegis of my colleague, the Tanaiste and Minister for Justice and Equality.

Under Part 5 of the Valuation Acts 2001 to 2015, the Commissioner of Valuation is conducting a revaluation of all commercial and industrial properties throughout the State. To date, revaluations have been completed in South Dublin County Council, Fingal County Council, Dún Laoghaire-Rathdown County Council, Dublin City Council, Waterford City and County Council and Limerick City and County Council. I understand that revaluations in 10 local authorities, including Kildare, Leitrim, Longford, Offaly, Roscommon, Sligo and Westmeath County Councils are due to be completed this year with valuations to take effect for rates purposes for 2018.

I am aware of recent media reports that certain business owners have stated that they will face higher rates bills. However, it is not the purpose of a revaluation to increase or decrease the total amount of commercial rates collected by local authorities but rather to ensure that the valuations used for rating purposes are up-to-date and reflect current market conditions. With this in mind, it is possible that some ratepayers may see the rateable valuation of their properties increase while other ratepayers may see the rateable valuation of their properties decrease. Section 56 of the Valuation Acts 2001 to 2015, as amended by section 8 of the Local Government (Business Improvement Districts) Act 2006, provides that I, as Minister, can make an order directing a rating authority to limit the overall amount of income it could raise through rates in the year following a revaluation to the total amount of rates liable to be paid to it in the previous year, adjusted for inflation. Rate limitation orders have been made in each of the local authorities that have undergone a revaluation to date and I will be making further orders later this year in respect of the rating authorities currently undergoing revaluations.

Planning Issues

Questions (280)

Brian Stanley

Question:

280. Deputy Brian Stanley asked the Minister for Housing, Planning, Community and Local Government if there is any limit to the number of times a developer can apply for planning permission for wind turbine development at a specific site. [4333/17]

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Written answers

Planning legislation does not place any restrictions on the number of times an application for planning permission may be sought for a particular type or class of development on a specific site.

Motor Tax

Questions (281)

Stephen Donnelly

Question:

281. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning, Community and Local Government the policy rationale for the need to tax a vehicle which is to be declared off the road; and if he will make a statement on the matter. [4427/17]

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Written answers

The Non-Use of Motor Vehicles Act 2013 came into effect on 1 July 2013. The primary purpose of the Act is to replace the system whereby a vehicle was declared off the road retrospectively with a system under which the vehicle must be declared off the road in advance. The system of making retrospective declarations had become a means of evasion of motor tax estimated to have cost some €50m annually.

The Act provides that a vehicle can be declared off the road for a minimum period of three months and a maximum period of twelve months. Where the owner of a vehicle wishes to make a declaration of non-use, he or she must do so during the final month of an existing tax disc or a previously made declaration of non-use. The declaration can be made on-line at www.motortax.ie or through the local motor tax office. The National Vehicle and Driver File, under the auspices of the Department of Transport, Tourism and Sport, issues renewal notices at the beginning of the final month of tax or a previously made declaration of non-use to remind motorists that the vehicle must be either taxed or declared off the road for a further period.

Where a declaration of non-use is not made in the final month of a tax disc or previously made declaration of non-use, a vehicle must be taxed for the minimum period provided for in motor tax legislation for the category of vehicle concerned. A new declaration can then be made at any stage during the final month of the new motor tax disc if the vehicle is thereafter not going to be in use in a public place.

These arrangements were well publicised at the time of introduction of the legislation.

Mortgage to Rent Scheme

Questions (282)

Peadar Tóibín

Question:

282. Deputy Peadar Tóibín asked the Minister for Housing, Planning, Community and Local Government the number of persons who have been approved for mortgage to rent but have not had an interested institution buy their property; and his plans in this regard. [4472/17]

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Written answers

I refer to the reply to Question No. 466 of 17 January 2017, which sets out the position with regard to the number of applications under the Mortgage to Rent scheme that did not complete.

To the end of December 2016, 155 Mortgage to Rent applications did not proceed to completion as no Approved Housing Body was in a position to purchase the property concerned. This can be for a variety of reasons including financial viability, the location of the property, the ability of the AHB to increase their participation in the scheme, the type of property and the condition of the property.

A review of the Mortgage to Rent scheme for borrowers of private commercial lending institutions is now being finalised and I expect it will recommend a number of changes to the current scheme to make it work better for borrowers.

Housing Estates

Questions (283)

Jan O'Sullivan

Question:

283. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government the number and names of estates taken in charge by a local authority (details supplied) in 2016; the number and names of estates awaiting the taking in charge process in the same local authority currently; and if he will make a statement on the matter. [3747/17]

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Written answers

In relation to details of the overall numbers and names of estates taken in charge by Clare County Council annually and those estates waiting to be taken in charge, this information is not collected by my Department and would be obtainable from the relevant local authority in the normal manner.

The National Taking-in-Charge Initiative (NTICI) for residential estates, with funding of €10 million, was launched in April 2016 to explore enhanced systems and procedures and new methods of working to accelerate the taking-in-charge process of housing estates. Further information on the NTICI can be found on my Department’s website at the following link: http://www.housing.gov.ie/search/archived/current?query=Taking%20in%20Charge .

Under the terms of the NTICI, only those developments subject to valid taking-in-charge applications were eligible for inclusion in the call for proposals. It is important to note that the NTICI was not intended to establish a rolling annual funding programme to take in charge all estates not yet taken in charge, but was instead intended to develop better knowledge and systems to support the taking-in- charge of further estates over time.

As requested by the Deputy, the table below sets out details of estates in County Clare to be taken in charge under the NTICI scheme in 2016.

Name of Estate

Area

No . of Houses

Aisling Court

Cratloe

7

Castlecourt

Cratloe

5

Chapel Court

Sixmilebridge

12

Dolmen Village

Ballyvaughan

12

Frenchcourt

Clonroad, Ennis

32

Hillcrest

Ennis

20

Power's Court & Ardmore Estates

Tulla

40

Riverside Court

Clonroadmore, Ennis

39

Ros na Greine

Shannon

10

Woodview Park

Ennistymon

13

Woodview Heights

Sixmilebridge

17

Ballymulcashel

Kilmurry

23

Total Number of Houses in NTICI Estates

230

I intend that the experience and learning from the operation of the NTICI over the course of 2016 will be used to point the way forward in relation to supporting the taking-in-charge process in to the future and my Department intends to publish a report on the Initiative’s findings and recommendations by this Summer.

Building Regulations Compliance

Questions (284)

Josepha Madigan

Question:

284. Deputy Josepha Madigan asked the Minister for Housing, Planning, Community and Local Government the recourse available to apartment owners being footed with a bill for issues that they had no involvement in (details supplied). [3804/17]

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Written answers

I wish to acknowledge the anxiety and upset caused to the owners and residents of housing developments, including the development referred to, when fire safety and other building defect issues arise.

Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations rests with the designers, builders and owners of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and investigation under the Acts. Neither I nor my Department has any role in relation to enforcement matters and cannot interfere in individual cases.

Building defects, in general, are matters for resolution between the contracting parties involved, i.e. the homeowner, the builder/developer and/or their respective insurers.

Pyrite Issues

Questions (285)

Dara Calleary

Question:

285. Deputy Dara Calleary asked the Minister for Housing, Planning, Community and Local Government if he will provide an update on the situation of householders in counties Mayo and Donegal whose houses have been affected by pyrite; and the timeframe for dealing with this issue. [3824/17]

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Written answers

An expert panel on concrete blocks was established by my Department in April 2016 to investigate the problems that have emerged in the concrete blockwork of certain dwellings in Donegal and Mayo. The panel have the following terms of reference: -

(i) To identify, insofar as it is possible, the numbers of private dwellings which appear to be affected by defects in the blockwork in the Counties of Donegal and Mayo;

(ii) To carry out a desktop study, which would include a consultation process with affected homeowners, public representatives, local authorities, product manufacturers, building professionals, testing laboratories, industry stakeholders and other relevant parties, to establish the nature of the problem in the affected dwellings;

(iii) To outline a range of technical options for remediation and the means by which those technical options could be applied; and

(iv) To submit a report within six months.

The expert panel on concrete blocks met on eleven occasions since it was first established and a similar number of meetings have taken place with key stakeholders, including affected homeowners, the elected members of Donegal and Mayo County Councils, local authority officials, industry bodies, academics, public representatives and other interested parties. A substantial volume of information has been provided by affected homeowners in both counties, as well as from Donegal and Mayo County Councils; additional information was also provided through the consultation process.

The panel are now in the process of finalising their report which is anticipated shortly. In this regard, I will await the outcome of the panel’s report before considering what further actions may be required to assist the parties directly involved in reaching a satisfactory resolution to the problems that have emerged in the two counties.

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