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Monday, 11 Sep 2017

Written Answers Nos. 2051-2070

Planning Issues

Questions (2051)

Seán Haughey

Question:

2051. Deputy Seán Haughey asked the Minister for Housing, Planning and Local Government if he will introduce legislation to give powers to the local authorities to compel householders and property owners to deal with tall and dangerous trees which are blocking the light for adjacent residents; if local authorities can also be compelled to take action in respect of tall and dangerous trees on their own properties which are blocking sunlight; and if he will make a statement on the matter. [38562/17]

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Written answers

Planning legislation places no specific restrictions on the height of trees, nor does it make any particular provision for remedy from any other nuisance which may be caused by trees in an urban residential area. However, there is currently a civil remedy available through the Courts concerning branches or roots of neighbouring trees encroaching on a person’s property.

The possibility of providing a broader civil law remedy for parties affected by high trees and hedges on adjoining properties was raised previously with the Minister for Justice. In this regard, advice was sought on the possibility of legislative provision being made, whereby a person substantially deprived of the enjoyment of their property, such as the deprivation of light caused by high trees on a neighbouring property, could apply to the Courts for an order, and that the Courts could make an order as they see fit, e.g. to cut the trees back to an appropriate height. Safety considerations relating to overhanging trees could also potentially be addressed in any such provisions.

In response, the Minister for Justice suggested that disputes of this nature between neighbours could perhaps be more appropriately dealt with through mediation - which is being increasingly used internationally as a tool for the resolution of civil disputes - rather than through the Courts. In this regard, I understand that the Department of Justice has published the Mediation Bill 2017, which is currently progressing through the Houses of the Oireachtas.

The Bill contains proposals for a comprehensive statutory framework to promote the resolution of disputes through mediation as an alternative to court proceedings which should ideally be only used as a last resort. In essence, the underlying objective of the Bill is to promote mediation as a viable, effective and efficient alternative to court proceedings, thereby reducing legal costs, speeding up the resolution of disputes and reducing the stress and acrimony which often accompanies court proceedings, including those involving adjoining property owners.

In relation to dangerous trees, section 70 of the Roads Act 1993 - which is the responsibility of my colleague, the Minister for Transport, Tourism and Sport – provides that, where a tree, shrub, hedge or other vegetation is a hazard or potential hazard to persons using a public road or where it obstructs or interferes with the safe use of a public road or with the maintenance of a public road, a road authority may serve a notice in writing on the owner or occupier of the land on which such tree, shrub, hedge or other vegetation is situated, requiring the preservation, felling, cutting, lopping, trimming or removal of such tree, shrub, hedge or other vegetation within the period stated in the notice.

I also understand that under Section 58 of the Communications Regulation Act 2002 – which comes under the remit of my colleague, the Minister for Communications, Climate Action and the Environment - an electronic communications network operator or any person authorised by the operator may lop or cut any tree, shrub or hedge which obstructs or interferes with any physical infrastructure of the network operator.

With regard to tall and dangerous trees on local authority property, local authorities - as with all landowners - are responsible for the safety and maintenance of trees on their land.

Question No. 2052 answered with Question No. 2038.

Planning Data

Questions (2053)

John Lahart

Question:

2053. Deputy John Lahart asked the Minister for Housing, Planning and Local Government the number of planning applications for new housing units that have been received to the end of June 2017; the number in each of the years 2014 to 2016 for private housing; and if he will make a statement on the matter. [38594/17]

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Written answers

Planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website. The statistics collected relate to the total numbers of:

- Invalid applications received,

- Applications received for outline permission and full permission,

- Decisions to grant/refuse permission,

- Decisions issued within the statutory eight-week period,

- Decisions deferred, and

- Percentages for grants/refusals, decisions made within eight weeks and decisions deferred.

The statistics collected relate to the total numbers of applications and decisions for all developments that require planning permission broken down by year and planning authority. However the statistics are not broken down by development type, and so do not include the specific information requested by the Deputy on the number of new housing units and private houses.

However, the Central Statistics Office also compiles statistics on the numbers of planning permissions granted by year (including 2014-2016), which is broken down by type of construction, including dwellings, with the latest data being in respect of Quarter 1 2017. The statistics are available to view at the following link: http://www.cso.ie/en/statistics/housingandhouseholds/ . 

Social and Affordable Housing Data

Questions (2054)

Joan Burton

Question:

2054. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government the number of social housing units that have been constructed in 2017 to date; and if he will make a statement on the matter. [38618/17]

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Written answers

Details on the number of social housing properties constructed, purchased and leased by local authorities and approved housing bodies, for letting to those on their social housing waiting lists, are published on my Department’s website at the following link: http://www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision. Information is currently being finalised in respect of quarter one of 2017 and will be published shortly, with information on quarter two 2017 to follow thereafter. 

A comprehensive status list of social housing schemes for all local authority areas can be accessed at the following link: http://rebuildingireland.ie/news/social-housing-construction-projects-report-2017/

This status report covers the period up to the end of Quarter 1 of 2017 and lists 607 approved social housing construction projects, their locations and also includes a range of information relating to their advancement, including those delivered during 2016 and to the end of Quarter 1 of 2017, it also shows those progressing through planning, design and construction. Details in respect of Quarter 2 of 2017 will be published shortly on the Rebuilding Ireland website.

These 607 projects are funded under a range of different initiatives such as local authority construction, turnkey developments, rapid delivery, regeneration programmes and construction and turnkey developments by Approved Housing Bodies.  The precise timing for the advancement of each of these projects, including completion dates, is a matter for the relevant local authorities and AHBs concerned, in the first instance.  However, within the overall 21,000 social housing solutions targeted for delivery this year, some 4,500 of these will be delivered through new builds/acquisitions and a significant proportion of these will involve new construction. 

Further project approvals are being added to the construction programme as they are developed by local authorities and AHBs, details of which will be included in the next quarterly report under the Rebuilding Ireland Action Plan. I am keen that all local authorities advance their social housing projects as speedily as possible and I have assured them that funding is in place to support their activity in this regard.

Social and Affordable Housing Data

Questions (2055)

Joan Burton

Question:

2055. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government the number of affordable housing units that have been acquired or constructed in 2017 to date; the location of such affordable house building by county; the definition of affordable housing by couples and individuals; and if he will make a statement on the matter. [38619/17]

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Written answers

In 2011, given the prevailing housing market conditions, the Government stood down the various Affordable Housing Schemes in operation at the time (the 1999 Affordable Housing Scheme, affordable housing provision under Part V of the Planning and Development Act 2000 and the Affordable Housing Initiative). Local authorities have been carrying a certain stock of unsold affordable houses, mainly acquired under Part V, which they generally have been renting to social housing tenants. A small number of affordable houses may have been sold by local authorities in recent years.

Housing affordability for individual households is a unique function of, inter alia, income, prevailing market prices and rents in different locations and access to funding and finance. There has been a very significant amount of research undertaken on this topic and, while there is no universally ideal price/rent to income ratio or minimum residual income requirement, there is broad agreement that ideally households should be spending no more than one third of their net income on housing costs over the longer term.

In terms of housing supply and other housing indicators, my Department publishes Monthly Housing Activity Reports that draw together the most up-to-date data on housing activity indicators, such as planning permissions, housing development site commencements, ESB connections, social housing output, and average residential purchase and rental prices. The latest monthly report can be accessed on the Rebuilding Ireland website at the following weblink: http://rebuildingireland.ie/news/house-building-activity-gathering-strength-and-pace/ .

As signalled, the issue of housing affordability is being examined by my Department, including consideration of the latest data on household incomes, observed rents and house purchase prices, in the context of the ongoing focused review of Rebuilding Ireland . I expect this work to be concluded in the coming weeks and I will be considering the potential role of new initiatives in that context.

Local Authority Housing

Questions (2056)

Joan Burton

Question:

2056. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government the steps taken and dates when each step was completed or cleared by and between the Department of Housing, Planning, Community and Local Government and Dublin City Council, from initial presentation by DCC until the current date with regard to housing projects (details supplied); and if he will make a statement on the matter. [38639/17]

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Written answers

The 4-stage approval process, under which assessments are carried out for publicly funded capital projects for which my Department is the sanctioning authority, is a streamlining of the 9 stages covered under Capital Works Management Framework.

The 4 stages are:

Stage 1 – Capital Appraisal (establish the business case);

Stage 2 – Brief pre-planning developed design and cost check;

Stage 3 – Pre-tender cost check;

Stage 4 – Tender approval.

These 4 stages are advanced largely in parallel with the normal local authority work on planning, designing and tendering of social housing construction projects. Therefore projects continue to be advanced while stages are cleared and the approval process does not negatively impact on the overall delivery.

The time taken for advancement through the various stages will always vary, with the quality and completeness of the initial proposal and subsequent submissions as well as the scale and complexity of individual projects. My Department also encourages informal technical dialogue to resolve issues and while that might appear to add to the time it takes to issue an approval, it is normally a more productive engagement in terms of getting projects from concept to completion as efficiently as possible.

In relation to the schemes mentioned by the Deputy, they are at various stages in the approval process; the first is Stage 1 approved since July 2015, the second was submitted to my Department for consideration as a Rapid Build scheme in August 2017 and the third received Stage 4 tender approval in November 2014.

My Department continues to liaise with DCC on a regular basis in relation to the advancement and scheduling of social housing projects in the Dublin area with a view to supporting DCC deliver much needed homes for those who need them most.

Local Authority Housing Provision

Questions (2057)

Joan Burton

Question:

2057. Deputy Joan Burton asked the Minister for Housing, Planning and Local Government his views on the slow timeframe needed to complete the current four social housing approval stages between local authorities and the Department of Housing, Planning, Community and Local Government; the way in which this process could be reduced to speed up the time taken from when a site and project have been identified by the local authority to when a contractor commences on site; and if he will make a statement on the matter. [38640/17]

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Written answers

The 4-stage approval process, under which assessments are carried out for publicly funded capital projects for which my Department is the sanctioning authority, is a streamlining of the 9 stages covered under Capital Works Management Framework. The 4 stages are:

Stage 1 – Capital Appraisal (establish the business case);

Stage 2 – Brief pre-planning developed design and cost check;

Stage 3 – Pre-tender cost check;

Stage 4 – Tender approval.

These 4 stages are advanced largely in parallel with the normal local authority work on planning, designing and tendering of social housing construction projects.  Therefore projects continue to be advanced while stages are cleared and the approval process does not negatively impact on the overall delivery.

The time taken for advancement through the various stages will always vary, with the quality and completeness of the initial proposal and subsequent submissions as well as the scale and complexity of individual projects. My Department also encourages informal technical dialogue to resolve issues and while that might appear to add to the time it takes to issue an approval, it is normally a more productive engagement in terms of getting projects from concept to completion as efficiently as possible.

Social housing projects funded by my Department, like all Government Capital construction projects, must comply with the Government’s Capital Works Management Framework (CWMF), the strategic objectives of which are to ensure greater cost certainty, better value for money and financial accountability, at all stages during project delivery and more efficient end-user delivery.

Having streamlined the nine approval stages of the CWMF to just four approval stages for capital-funded social housing construction projects, my Department has no interest in unnecessarily prolonging the time involved in the approvals. In fact, the approvals themselves represent a small minority only of the time taken in advancing a build project onto site. The operation of the approval process means that local authorities forward design proposals and costings to the Department sequentially, as the authorities advance the projects through their own planning work. 

At the same time, my Department is very conscious of the importance of striving for speed and efficiency in the delivery of social housing and, under the Rebuilding Ireland Action Plan for Housing and Homelessness, a review of procedures in relation to project approvals was carried out and is available at the following link: http://rebuildingireland.ie/install/wp-content/uploads/2017/03/Social-Housing_Approval-Processes-Procedures-Review-1.pdf .

The recommendations of the Review include better “pre-approval” communications on construction proposals, using opportunities to combine project approval stages and setting targets on projects for turnaround times for approval. All of these recommendations are being implemented by my Department and local authorities. Indeed, a Working Group comprising representatives from local authorities and my Department has been established to agree swift and ambitious turnaround timeframes for project approvals and this group will conclude its work shortly.  

For smaller projects (less than 15 units and less than €2m) we have introduced a single stage approval process which may suit less complex schemes to be delivered in this manner.

In addition, my Department has asked all local authorities to review the social housing projects in their areas and in the interest of achieving earliest delivery, they have been requested to consider their suitability for Design and Build contracts under the Rapid Delivery Framework set up by the Office of Government Procurement. They have been asked to consider, in particular, schemes which are amenable to early commencement, particularly in terms of their approved planning status.

Housing Provision

Questions (2058, 2059)

Thomas P. Broughan

Question:

2058. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government his plans to establish a housing executive with emergency acquisition and building powers for the four Dublin counties and other urban regions in view of the scale of social housing provision now needed; and if he will make a statement on the matter. [38653/17]

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Thomas P. Broughan

Question:

2059. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government if he will introduce housing emergency legislative powers including a full cap on rents and property acquisition and build out powers for local authorities or a national regional housing executive. [38654/17]

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Written answers

I propose to take Questions Nos. 2058 and 2059 together.

All key indicators of construction activity show that residential construction is ramping up considerably and the recent ESRI Summer Quarterly Economic Commentary published on 22 June 2017 forecasts that house completions will reach 18,500 this year and 23,500 in 2018, suggesting that the overarching Rebuilding Ireland target of 25,000 homes per year by 2020 will be met and quite likely exceeded to meet the pent-up demand. 

Moreover, 47,000 social housing units will be delivered in the period to 2021 from a budget of €5.35 billion. In 2016, some 19,000 social housing supports were provided, through newly built homes, refurbishments and acquisitions as well as through the Housing Assistance Payment Scheme. In 2017, I expect that some 21,000 households will have their social housing needs met. 

We are now one year into the implementation of the Rebuilding Ireland Action Plan and many key actions have been delivered or are in train. It is therefore an opportune time to take stock, in the light of current and emerging trends in housing and homelessness, in order to assess the progress and impact made to date, ensure that it remains responsive to evolving issues, and identify further actions and increased ambitions that may be required.

In this regard, my Department has undertaken a review of Rebuilding Ireland, in consultation with key stakeholders and the general public. I expect this work to be completed over the coming weeks, with a focus on accelerating construction and new supply. Details of new initiatives will be outlined as they are finalised.

Brexit Issues

Questions (2060, 2061, 2062, 2063, 2064, 2065, 2066, 2068)

Stephen Donnelly

Question:

2060. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the status of the development of sectorial response plans to Brexit, the publication date of these plans; and if he will make a statement on the matter. [38697/17]

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Stephen Donnelly

Question:

2061. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the issues identified for consideration in the context of Brexit including opportunities and their prioritisation; and if he will make a statement on the matter. [38713/17]

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Stephen Donnelly

Question:

2062. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the details of issues identified for consideration in the context of Brexit including threats and their prioritisation; and if he will make a statement on the matter. [38729/17]

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Stephen Donnelly

Question:

2063. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the scenario planning that has been conducted by his Department for Brexit; and if he will make a statement on the matter. [38745/17]

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Stephen Donnelly

Question:

2064. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the methodology employed in the prioritisation of responses to Brexit; and if he will make a statement on the matter. [38761/17]

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Stephen Donnelly

Question:

2065. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the funds that have been requested in response to threats resulting from Brexit; and if he will make a statement on the matter. [38777/17]

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Stephen Donnelly

Question:

2066. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the funds have been allocated in response to threats resulting from Brexit; and if he will make a statement on the matter. [38809/17]

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Stephen Donnelly

Question:

2068. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government his Department’s priorities for risk mitigation in response to Brexit; and if he will make a statement on the matter. [38841/17]

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Written answers

I propose to take Questions Nos. 2060 to 2066, inclusive, and 2068 together.

The comprehensive document Ireland and the negotiations on the UK’s withdrawal from the European Union: The Government’s Approach published on 2 May 2017, outlined in detail the structures put in place by the Government to ensure a strategic and whole-of Government response to Brexit that ensures a coordinated approach to the identification of key priority issues for the EU-UK negotiations and the wider domestic response.

Since the publication of the comprehensive document, the Government has sought to further increase its strategic oversight of Brexit through the addition of a dedicated responsibility for Brexit matters to the role of the Minister for Foreign Affairs & Trade. The Cabinet Committee structures have also been reformed and a new Cabinet Committee has been established to deal with EU Affairs including Brexit.   

The Government’s National Risk Assessment 2017, which provides a systematic overview of strategic risks facing the country, was published on 29 August following a public consultation process. The National Risk Assessment acknowledges the significance of risk arising from Brexit, and that Brexit represents an overarching theme that could have far-reaching impacts on nearly all aspects of national life.  It identifies areas where Brexit poses a specific risk, particularly in relation to the economy.

As set out in the comprehensive document of 2 May, the Government’s continuing work to ensure that Ireland’s interests are reflected in the EU’s approach to the ongoing EU-UK negotiations is a central dimension of Ireland’s strategic response to Brexit.

Work is also continuing across Government on Ireland’s wider response to the challenges and opportunities posed by Brexit, building on ongoing cross-Government research, analysis and consultations with stakeholders and encompassing the following themes:

- sustainable fiscal policies to ensure capacity to absorb and respond to economic shocks, not least from Brexit;

- policies to make Irish enterprise more diverse and resilient, to diversify trade and investment patterns, and to strengthen competitiveness;

- prioritising policy measures and dedicating resources to protect jobs and businesses in the sectors and regions most affected by Brexit;

- realising economic opportunities arising from Brexit and helping businesses adjust to any new logistical or trade barriers arising;

- making a strong case at EU level that Ireland will require support that recognises where Brexit represents a serious disturbance to the Irish economy.

Policy decisions in support of these objectives also arise across a wide range of areas, including the annual budgetary process; the new 10-year Capital Plan; the Enterprise 2025 Policy; and sectorial policies and investment decisions in areas such as agriculture, enterprise, transport, communications and energy.  In so far as my Department is concerned, the National Planning Framework for Ireland 2040 is due to be finalised this year and, along with the Capital Plan and other long-term Government strategies, will play an important role in preparing for the consequences of Brexit.

The extent to which Brexit will impact on the housing market is uncertain at this point in time as it will be determined at least in part by the nature of the future relationship between the EU and the UK.  While no specific funding need has been identified in relation to Brexit matters for my Department at this time, the Department is collaborating in a research programme with the Economic and Social Research Institute which includes work on estimating housing demand, including examining the implications for the housing market of changes in population, Brexit-related or otherwise, which might arise over the medium term.

The Brexit negotiations are a dynamic process and my Department will continue to work across Government, supporting the sectorial workgroups established as required.

Brexit Staff

Questions (2067)

Stephen Donnelly

Question:

2067. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the number of vacancies in his Department for Brexit-related roles; the expected date for these roles to be filled; and if he will make a statement on the matter. [38825/17]

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Written answers

There are no vacancies in my Department for Brexit related roles currently. Matters in relation to Brexit are managed by the business unit responsible for the coordination of EU and international business in my Department, with input from relevant line sections and experts across the organisation, as necessary.

Question No. 2068 answered with Question No. 2060.

Brexit Issues

Questions (2069)

Stephen Donnelly

Question:

2069. Deputy Stephen S. Donnelly asked the Minister for Housing, Planning and Local Government the membership and role of all Brexit related stakeholder engagement groups working with his Department on Brexit issues; the number of times each stakeholder group has met; and if he will make a statement on the matter. [38857/17]

View answer

Written answers

To date, no specific Brexit-related stakeholder engagement groups have been established by my Department.  This reflects the reality that the priorities identified by Government in planning and preparing for Brexit relate to trade and the economy; protecting the Peace Process; maintaining the Common Travel Area; and the future of the European remit.

The whole-of Government response to Brexit has been marked by a highly consultative approach, through the all-island Civic Dialogue Process and other stakeholder events at home and abroad, to which my Department has contributed as appropriate.  This process will continue as the negotiations unfold. 

The Brexit negotiations are a dynamic process which will continue to unfold over the coming months and my Department will address any issues arising including, if required, the establishment of specific stakeholder engagement groups.

Question No. 2070 answered with Question No. 2015.
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