Written Answers Nos. 214 - 231
214. Deputy Ruth Coppinger asked the Minister for Housing, Planning, Community and Local Government his views on local authorities not spending allocated funds for Traveller accommodation; the steps he will take to ensure that these funds are spent; and if he will make a statement on the matter. [22757/17]
View answerIn 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.
Local authorities submit proposals for individual Traveller-specific projects and developments which are assessed on a case-by-case basis in my Department, in advance of allocations being made. The allocations and recoupment profiles for capital Traveller accommodation projects can vary across local authorities given the local priorities, circumstances and project timelines as set out in the TAPs. Funding is recouped to local authorities on eligible expenditure incurred and, where it is likely that an allocation to a local authority may be unspent or under-spent, my Department engages with local authorities to re-allocate the funding to another scheme in order to try to ensure that drawdown is maximised before year-end. I am anxious that local authorities make full use of the increased levels of capital funding for Traveller accommodation and my Department will continue to engage proactively with local authorities in that regard.
In addition, the Programme for a Partnership Government commits to establishing a special working group to audit the current delivery and implementation of local authorities' TAPs and consult with stakeholders on key areas of concern. This commitment has been underpinned in the Rebuilding Ireland Action Plan for Housing and Homelessness, which provides for the commissioning by the Housing Agency of an expert, independent review of expenditure on, and delivery of, Traveller accommodation to underpin the work of the special working group.
The review, which has regard to the targets in the local authorities' TAPs, is due to be completed very shortly. It will provide factual information and this provide a key platform for the special working group to progress its work effectively. The working group will be established by the statutorily appointed National Traveller Accommodation Consultative Committee (NTACC) immediately after completion of the review. I expect the working group to complete its work in an expeditious manner and, as provided for in the Housing (Traveller Accommodation) Act 1998, the NTACC may then advise me in relation to any appropriate measures for improving the provision and management of accommodation at local level.
215. Deputy Sean Sherlock asked the Minister for Housing, Planning, Community and Local Government the amount of funding allocated for library construction in local authority areas since May 2016 and to date in 2017; the local authorities and specific geographical areas that received funding; the amount of funding that was allocated; and the funding available in the first quarter of 2017, in tabular form. [22758/17]
View answerThe provision of premises and facilities in the public library service, including the construction of libraries, is generally a matter for each local authority in accordance with section 78 of the Local Government Act 2001. Local authority investment in library infrastructure is complemented, however, by an exchequer funded library capital programme that supports inter alia new library builds, renovation and refurbishment of existing buildings and mobile libraries.
In January 2016, my Department announced a new Libraries Capital Investment Programme. The programme will invest some €23m in 17 library projects and the My Open Library initiative between 2016 and 2021, with a matching investment of €35m by local authorities. All funding has been allocated under the programme since January 2016 and will be drawn down by the relevant local authorities as projects progress over the period of the programme.
A list of approved projects and indicative allocations is set out in the table, with those projects likely to draw down funding in 2017 highlighted.
|
Local Authority |
Library Project |
DoHPCLG Allocation |
|
Dublin City |
Kevin Street * |
€1m |
|
Kildare |
Athy* |
€1.65m |
|
Laois |
Portlaoise |
€1.65m |
|
Wicklow |
Wicklow Town |
€1m |
|
Sth. Co. Dublin |
North Clondalkin |
€1m |
|
Tipperary |
Carrick-on-Suir* |
€0.15m |
|
Clare |
Ennis* |
€3m |
|
Offaly |
Edenderry |
€1.7m |
|
Cavan |
Virginia |
€0.85m |
|
Kilkenny |
Kilkenny City |
€2.45m |
|
Monaghan |
Monaghan Town |
€1m |
|
Mayo |
Westport |
€1.1m |
|
Limerick |
Limerick City |
€2m |
|
Longford |
Edgeworthstown |
€1.25m |
|
Tipperary |
Schools Mobile Library |
€0.1m |
|
Wexford |
Mobile Library* |
€0.25m |
|
Kerry |
Mobile Library* |
€0.25m |
|
Various |
My Open Library Initiative |
€2.3m |
|
Total |
€22.7 |
* Projects likely to draw down part or full funding in 2017.
216. Deputy Darragh O'Brien asked the Minister for Housing, Planning, Community and Local Government the number of local authorities that are utilising the auxiliary fire service resource within the Civil Defence to assist and supplement the permanent fire brigade service in view of the increase in grass, gorse and forest fires; and if he will make a statement on the matter. [22773/17]
View answerThe role of responding to incidents of fire is assigned to fire authorities in the Fire Services Acts, 1981 to 2003. Decisions about mobilising and deploying fire-fighting resources to fire situations are vested in the Senior Fire Officer present at the scene.
The auxiliary fire service within the Civil Defence is a local authority resource which may be deployed, including in response to requests from the fire service, at the discretion of the relevant local authority Chief Executive. As this decision is one that is made at the local level, the information requested is not available in my Department.
217. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government his plans to address housing transfer lists in cases in which families have expanded and now find themselves in inadequate housing arrangements; the provision he has made in the Rebuilding Ireland action plan for these situations; and if he will make a statement on the matter. [22791/17]
View answerThe oversight and management of housing waiting lists, including the allocation and transfer of tenancies, is a matter for the relevant housing authority in accordance with the Housing (Miscellaneous Provisions) Act 2009 and associated regulations. Section 22 of the Housing (Miscellaneous Provisions) Act 2009 requires all housing authorities, as a reserved function, to make an allocation scheme determining the order of priority to be accorded in the allocation of dwellings to households qualified for social housing support and to households approved for a transfer, the allocation of which would, in the opinion of the authority, meet the accommodation needs and requirements of the households.
In determining the accommodation needs of a household seeking a transfer, and the priority to be awarded to such households, housing authorities have regard to whether the current accommodation is overcrowded within the meaning of section 63 of the Housing Act 1966. Decisions as to the priority to be awarded to individual households are a matter for the housing authority concerned, having regard to their allocation schemes.
I am aware of the issues arising where a tenanted household outgrows its current accommodation. To assist housing authorities in addressing this issue, my Department provides capital funding to housing authorities to undertake adaptations and extensions to their existing social housing stock on a targeted and prioritised basis, where such works are required to address over-crowding. However, my Department would expect that housing authorities, in as far as possible, should manage their existing stock of vacant properties to meet such need.
In the longer term, the range of measures being progressed under the Rebuilding Ireland Action Plan for Housing and Homelessness will address the challenges in the social housing sector. The Plan aims to deliver 47,000 new social housing solutions by 2021. The delivery of these new units will be informed by the needs identified through the now annual Summary of Social Housing Assessment process carried out by all local authorities from 2016 onwards. This will ensure that the right types of accommodation are built to meet the changing requirements of households into the future.
218. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government his plans to address the cases of persons who availed of the house purchase loan scheme to purchase a home and are now in a situation in which their accommodation is no longer fit for purpose, that is, they do not have adequate sleeping and living arrangements as a family group; and if he will make a statement on the matter. [22792/17]
View answerWhere a household’s current accommodation no longer meets their need (whether or not they purchased the home using a loan from the local authority), they may apply to their local authority for social housing support. In order for a household to qualify for social housing support, a housing authority must carry out an assessment to establish whether the household meets specified eligibility requirements, including income eligibility requirements, and has a housing need, as defined in the Housing Acts. In determining whether a household has a housing need, housing authorities are required to have regard to whether the current accommodation is, inter alia, overcrowded within the meaning of section 63 of the Housing Act 1966.
In addition, the Finance (No 2) Act 2013 and Finance Act 2014 provide for a Home Renovation Incentive (HRI) Scheme, which runs until the end of 2018, which can be availed of by both homeowners and landlords. The incentive provides for tax relief by way of an Income Tax credit at 13.5% of qualifying expenditure on repair, renovation or improvement works carried out on a main home or rental property by qualifying Contractors. The full terms & conditions of the scheme can be found on the website of the Revenue Commissioners at the following link: http://www.revenue.ie/en/tax/it/reliefs/hri/hri-general-faqs.html#section1.
It should also be noted that my Department funds a range of housing supports for persons with a disability, living in both privately-owned housing and local authority housing. The Disabled Person Grant Scheme provides funds to local authorities to undertake adaptations and extensions to homes to meet the needs of local authority tenants with a disability, or to address serious overcrowding. The Housing Adaptation Grant Scheme for Older People and People with a Disability is also delivered by local authorities with funding from my Department. It assists other people and people with a disability in private houses to have necessary adaptations, repairs or improvement works carried out in order to make their accommodation more suitable for their needs. There are no restrictions on the type of disability covered by the schemes and the administration of the available funding is a matter for the local authorities based on their assessment of priority and need at the time.
219. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government his views on whether the Housing (Rent Books) Regulations 1993 are arcane and require updating, in view of the widespread non-compliance with rent book rules and entitlements; and his further views on whether the regulations were designed for payment of rent in cash rather than via electronic transfer and direct debit which the great majority of persons now use. [22833/17]
View answerThe requirement to provide a rent book is set out in the Housing (Rent Books) Regulations 1993. These regulations were subsequently amended in 2004 and 2010.
All landlords are obliged to provide tenants with a 'rent book' (or other documentation serving the same purpose) at the commencement of a tenancy. The purpose of the regulations is to provide the tenant with basic details regarding their tenancy and proof of payment of rent by way of receipt.
All rent and other payments under the tenancy must be acknowledged in writing by the landlord. In addition, the rent book must contain specific particulars relating to the tenancy including, among other things, the name and address of the landlord and of the landlord’s agent (if any), the term of the tenancy, the amount of the rent and of any other payments to be made by the tenant to the landlord, details of any advance rent or deposit paid and an inventory of furnishings and appliances supplied with the house. The rent book must also include a basic statement of information for the tenant which is set out in the Schedule to the Regulations.
In 2015, the latest year for which figures are available, of 13,066 dwellings inspected, 2,293 properties were found to have no rent book.
The regulations provide that where a tenant makes payment to the landlord other than by handing over the rent directly, such as by direct debit, the landlord must, not more than 3 months after receipt, record the payment in the rent book or acknowledge by way of statement to the tenant.
The regulations will be examined as part of the review of the overall regulatory framework and the consolidation and simplification of the Residential Tenancies Act envisaged under the Strategy for the Rental Sector.
220. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the cost of introducing a new system of inspection by an authorised person in each local authority to ensure compliance with fire safety and building regulations for all properties newly offered as private rental accommodation. [22834/17]
View answerThe aim of the Building Regulations is to provide for the safety and welfare of people in and about buildings. Building Regulations apply to the construction of new buildings and to extensions and material alterations to buildings. In addition, certain parts of the Regulations apply to existing buildings where a material change of use takes place.
The Building Control (Amendment) Regulations 2014 provide for accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. In effect, compliance with Building Regulations is ensured during the construction process, the statutory Certificate of Compliance on Completion certifies that a building is compliant with all relevant requirements of the Building Regulations.
However, when a property is let, or available to let, it must comply with the Housing (Standards for Rented Houses) Regulations. The Regulations specify requirements in relation to a range of matters, such as structural repair, sanitary facilities, heating, fire safety and safety of gas and electrical supply. Under the Housing Assistance Payment (HAP) scheme, the housing authority must have inspected and been satisfied that the property meets rental accommodation standards within 12 months prior to a HAP application or arrange to inspect the property within 8 months of HAP commencing.
The Government’s Strategy for the Rental Sector, published in December 2016, sets out a number of actions in relation to Standards with the combined aim of improving the quality and management of rental accommodation. On 27 January 2017, the Housing (Standards for Rented Houses) Regulations 2017 were made and will come into operation on 1 July 2017.
The Strategy for the Rental Sector also prioritises strengthening the inspection capacity of local authorities to increase the number and frequency of inspections of rental properties. In addition to the updated regulations, procedures for a more efficient, standardised and transparent inspection and enforcement approach across all local authority areas will be introduced.
Specific ring-fenced funding for inspection and compliance activity will be identified from 2018 onwards and annual targets for both inspection and compliance will be agreed with local authorities. The objective set out in the Strategy is to increase inspection numbers incrementally each year so that, by 2021, 25% of all rental properties are inspected annually. The additional cost to local authorities for this initiative over the period 2018 to 2021 is estimated to be in the region of €24 million.
221. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government the position regarding his Department's review of the tenant purchase scheme; when the review will be finalised; and if he will make a statement on the matter. [22867/17]
View answerThe Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme.
In line with the commitment given in the Rebuilding Ireland Action Plan for Housing and Homelessness, a review of the first 12 months of the scheme’s operation has been undertaken. The review has incorporated analysis of comprehensive data received from local authorities regarding the operation of the scheme during 2016 and a wide-ranging public consultation process which saw submissions received from individuals, elected representatives and a number of organisations.
The work of the review is now complete and a full report setting out findings and recommendations is currently being finalised in my Department. Any changes to the terms and conditions of the scheme which are considered necessary based on the evidence gathered will be brought forward.
222. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government when it is expected that the first development will commence on a site (details supplied); the way the housing units will be constructed, that is, turnkey, private or local authority build; the number of public, private and social housing units that will be delivered; when it is envisaged that they will be fully completed; if Tipperary County Council has committed to delivering social housing units on the site; if these units will be rolled out as soon as possible, perhaps in a three year period; and if he will make a statement on the matter. [22881/17]
View answerThe aim of the Local Infrastructure Housing Activation Fund (LIHAF) is to relieve critical infrastructural blockages in order to enable the accelerated delivery of housing on key development sites in urban areas with high demand for housing. Tipperary County Council received approval for funding of €780,000 under LIHAF for the provision of a distributor road and roundabout at Ardgeeha Lower, Clonmel which will support the delivery of 200 housing units by 2021.
The Local Authority are currently finalising their plans for the delivery of the public infrastructure which will release land for development in an area which has a housing shortage. The local authority are engaged with a landowner in relation to delivery of the housing units which are expected to be delivered privately and are currently finalising commitments on timelines for the infrastructure and the housing. The aim is to have the housing delivered as soon as possible.
My Department is in the process of concluding a grant agreement with the local authority which will set out expectations in terms of timelines and this should be settled by the end of June 2017.
The provision of private housing supply will facilitate increased social housing through the 10% Part V social housing dividend. The overall increase in supply should also help ease the pressure on rented accommodation and facilitate efforts to provide social housing through existing measures such as the Housing Assistance Payment scheme, as well as contributing to an easing of affordability pressures in the housing market generally.
223. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if his Department has sought a legal opinion as to whether Part V obligations on developers could amount to state aid for the purposes of EU law or could amount to a public works contract for the purposes of EU law as was considered by the European Court of Justice in the Flemish decree case; and if he will make a statement on the matter. [22888/17]
View answerMy Department has not sought legal advice in relation to the Court of Justice of the European Union (CJEU) judgment referred to by the Deputy.
In relation to the question of state aid, it should be noted that, unlike the position under the Flemish Decree considered in the case, a Part V agreement does not provide for tax incentives and subsidy mechanisms for the developer, some of which were designed to compensate for the social obligation to which subdividers and developers are subject. It should be noted also that the CJEU held in this case that while the tax incentives and subsidy mechanisms provided for in the Flemish Decree were liable to be classified as State aid within the meaning of Article 107(1) TFEU, it was for the referring Belgian court to determine whether the specific requirements for classification as State aid were met. The CJEU also held that it was a matter for the referring court to decide, having regard to Case C-280/00 and Commission Decision 2005/842/EC, whether the measures would in any case fall outside of Article 107(1) TFEU by virtue of being regarded as compensation for the services provided by the recipient undertakings in order to discharge public service obligations.
I do not consider that a Part V agreement is covered by the concept of a ‘public works contract’ contained in Article 1(2)(b) of Directive 2004/18, as it is not a written contract which “has as its object either the execution, or both the design and execution, of works related to one of the activities within the meaning of Annex I to that directive or a work, or the realisation, by whatever means, of a work corresponding to the requirements specified by the contracting authority”. As the Deputy will be aware, Part V agreements provide for the purchase by a housing authority of either land at existing use value or units at a discount (the discount being that the land is paid for at existing use value).
224. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of CPO decisions made in each year since 2008 and to date in 2017 under the housing Act. [22889/17]
View answerThe Ministerial functions in respect of local authority compulsory acquisition of land under a number of enactments transferred to An Bord Pleanála with effect from January 2001 under the provisions of the Planning and Development Act 2000. Accordingly, I have no function in relation to the making or confirmation of compulsory purchase orders (CPOs) and my Department does not hold information regarding the exercise of such powers by relevant authorities.
The information requested by the Deputy in relation to the number of CPO decisions made each year since 2008 and to date in 2017 under the Housing Act 1966 (which is the normal vehicle used by local authorities to effect the compulsory acquisition of land) is not held in my Department.
Arrangements have been put in place by each Agency under the remit of my Department to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for an Bord Pleanála is oireachtasqueries@pleanala.ie.
225. Deputy Patrick O'Donovan asked the Minister for Housing, Planning, Community and Local Government if he will address a matter (details supplied) regarding an application to the capital assistance scheme; and if he will make a statement on the matter. [22904/17]
View answerThere are currently no such applications with my Department. All such applications should first be made to the relevant local authority who would then submit a proposal to my Department seeking approval.
The 2017 funding provision for the Capital Assistance Scheme (CAS) is €66 million. Applications to deliver new social housing under the scheme should be made by an Approved Housing Body (AHB) to the relevant local authority, Cork County Council in this case. As with all social housing projects, it is a matter for the local authority, as the housing authority for the area, to prioritise projects on the basis of how they meet the area's housing need.
226. Deputy Margaret Murphy O'Mahony asked the Minister for Housing, Planning, Community and Local Government the criteria for sanctioning a ten year licence to a company for the purposes of kelp harvesting; and if he will make a statement on the matter. [22931/17]
View answerIndividuals or companies seeking to harvest wild seaweed from the foreshore require a foreshore licence unless they have a right to do so. This legislative requirement to hold a foreshore licence for seaweed harvesting has existed since the enactment of the Foreshore Act in 1933. All applications are assessed in accordance with the provisions of the Act and any environmental legislation in force at the given time.
The licence in question is of a trial nature and granted for a period of ten years, commencing on 21 March 2014. It allows for the mechanical harvest of kelp species, Laminaria digitata and Laminaria hyperborean within five specified zones, but with only one zone to be harvested in any one year. The planned rotation is four years. The fifth zone is a stand by zone in case weather prevents access to a zone in any particular year. The stand by zone is almost 100 hectares, reducing the overall area for harvest to a maximum of some 650 hectares.
The licence is subject to strict monitoring and control, provided for in the specific conditions attaching to the legally binding agreement of both parties. The agreed monitoring programme is available to view on my Department's website at the following link: http://www.housing.gov.ie/planning/foreshore/applications/bioatlantis-ltd.
In addition, the licensee is required to submit an annual report of harvesting activities to include the area and quantities harvested and the measured regeneration rates of the seaweed.
227. Deputy Seán Haughey asked the Minister for Housing, Planning, Community and Local Government if the construction of the proposed 640 homes on the Dublin City Council site at Oscar Traynor Road in Santry, Dublin 9, as part of the Oscar Traynor Road land initiative project, will be built without delay; if the local community through the newly established consultative forum can be actively involved in drawing up a new master plan as soon as possible; and if he will make a statement on the matter. [22947/17]
View answerI refer to the reply to Question No. 181 of 3 May 2017 which sets out the position in this matter.
228. Deputy Jackie Cahill asked the Minister for Housing, Planning, Community and Local Government if he will liaise with Tipperary County Council in order to expedite the taking in charge of an estate (details supplied) in County Tipperary in view of the fact the process has been ongoing for some time without progress; and if he will make a statement on the matter. [23055/17]
View answerUnder the provisions of Section 30 of the Planning and Development Act 2000 (as amended), I am specifically precluded from intervening in individual cases.
However my Department has made inquiries to Tipperary County Council in relation to the estate the subject of this question and I have been informed that the Council has received a Taking in Charge application in respect of the estate which they are currently processing. It is a matter for the Council to conclude the consideration of this application.
229. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government the number of persons who let their home for tourist accommodation (details supplied) that have been inspected to ensure compliance with health and safety, fire safety or disability standards in 2016, or the most recent year for which statistics are available. [23062/17]
View answer233. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government his plans to bring forward regulations or legislation on matters (details supplied); if he will consult with the Oireachtas Joint Committee on Housing, Planning, Community and Local Government prior to enactment of any regulations; and his views on the relationship of the large number of matters of this nature and the crisis in the private rental market. [23112/17]
View answerI propose to take Questions Nos. 229 and 233 together.
My Department does not collate data in relation to accommodation let on a short term basis for tourism purposes.
Article 10(4) of the Planning and Development Regulations 2001-2015, dealing with change of use exemptions for planning purposes, provides that development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted from the requirement to obtain planning permission under the Planning and Development Act 2000, as amended, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.
The interpretation and application of provisions relating to exempted development in any particular case is in the first instance a matter for the local planning authority concerned, or An Bord Pleanála on appeal or referral. Similarly, responsibility for enforcement action in relation to any breach of the planning code is a matter for individual planning authorities, under Part VIII of the 2000 Act. Under section 30 of the Act, I am specifically precluded from exercising any power or control in relation to any particular case, including enforcement, with which a planning authority is or may be concerned.
It should be noted that a recent determination by An Bord Pleanála in a particular case has determined that the exclusive use of a residential apartment for short-term holiday lettings is a material change of use requiring planning permission. Therefore, the continued operation of the apartment in question without such planning permission could be considered to be unauthorised development and subject to enforcement proceedings by the relevant local authority under the Planning Act.
In this connection, my Department has, by way of Circular letter PL12/2016 of 22 December 2016, brought this determination to the attention of all planning authorities to ensure that they are aware of:
- the grounds on which the Board reached its decision
- the planning implications in terms of the requirement for such commercial use of residential units to be the subject of an application for planning permission, and
- the importance of a pro-active approach to planning enforcement generally in this regard.
A copy of the Circular letter is available on my Department’s website at the following link: http://www.housing.gov.ie/sites/default/files/publications/files/pl_12-16_aph_6-16_recent_an_bord_pleanala_decision_on_short_term_lettings.pdf.
In the wider context, in December 2016, Government approved the publication of a Strategy for the Rental Sector. In terms of rental accommodation supply, the focus in the Strategy is on maintaining existing levels of rental stock and encouraging investment in additional supply, reflecting the shortages in the supply of rental accommodation in key locations, particularly in urban areas. In some of these areas, there is also significant demand for transitory short-term accommodation. In this context, providing short-term rentals at higher prices may be an attractive option for landlords.
The implications of the above-mentioned determination by An Bord Pleanála has raised a number of regulatory and other related issues, such as tax liability, residential tenancy regulation, support for tourism, and planning. The Strategy for the Rental Sector provides for the establishment by my Department of a working group, comprising representatives of relevant stakeholders including local authorities, relevant Departments, public bodies and other interests in the area, with a view to providing more information on the scale and nature of the issue and full clarity regarding the appropriate regulatory approach to be adopted in relation to short-term tourism-related lettings. The working group is due to report in Quarter 2 2017.
230. Deputy Tom Neville asked the Minister for Housing, Planning, Community and Local Government the reason a commercial van has to be weighed when first taxing it in view of the fact that its weight is already listed on the log book (details supplied); and if this requirement can be eliminated. [23069/17]
View answerThe Finance (Excise Duties)(Vehicles) Act 1952 provides that motor tax for goods vehicles is based on the unladen weight of a vehicle (the weight of a vehicle weighed with the heaviest unladen trailer or trailers used during the validity of a tax disc).
The unladen weight of a vehicle is not documented on the Vehicle Registration Certificate. Rather, the Vehicle Registration Certificate shows both the technically permissible maximum laden mass and the mass in running order of a vehicle. Both of these are provided for in EU Commission Regulation 1230/2012 but are not directly comparable to the unladen weight of a vehicle.
231. Deputy Robert Troy asked the Minister for Housing, Planning, Community and Local Government if there is legislation to enforce maximum noise levels in urban areas, for example, dogs barking. [23097/17]
View answerUnder the provisions of section 25 of the Control of Dogs Act 1986, the District Court may act on a complaint by any person where a nuisance has been created by excessive barking by a dog. A copy of the form used for complaints to the Courts regarding barking is available from local authorities. The Court may make an order, requiring the occupier of the premises in which the dog is kept to abate the nuisance by exercising due control over the dog. The Court may also limit the number of dogs that can be kept on a premises or may direct that the dog be delivered to a dog warden to be dealt with as an unwanted dog.
While complaints in relation to barking dogs are largely dealt with under the provisions of the Control of Dogs Acts, the position in relation to noise nuisance generally is that a person experiencing noise nuisance may contact their local authority, which may initiate proceedings on grounds of noise nuisance under the Environmental Protection Agency Act 1992. This Act also provides for any person, or group of persons, to seek an order in the District Court to have noise giving reasonable cause for annoyance abated. The procedures involved have been simplified to allow action to be taken without legal representation.
A public information leaflet, A Guide to the Noise Regulations, outlining the legal avenues available to persons experiencing noise nuisance, is available from the Department of Communications, Climate Action and Environment at http://www.dccae.ie/documents/A%20Guide%20to%20the%20Noise%20Regulations.pdf.
