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Thursday, 19 Oct 2017

Written Answers Nos. 254-278

Illness Benefit Costs

Questions (254)

Catherine Connolly

Question:

254. Deputy Catherine Connolly asked the Minister for Employment Affairs and Social Protection the cost in a full year of reducing the number of waiting days for entitlement to illness benefit from six to four days; and if she will make a statement on the matter. [44521/17]

View answer

Written answers

Illness benefit is a short term social insurance payment made to insured people who are unable to work due to illness. Normally payment of illness benefit begins from the seventh day of the illness; no payment is made for the first six days. These are known as “waiting days”. Waiting days have been a long standing feature of social insurance schemes and are a feature of similar social security schemes in many other countries.

Based on claimload data available to the Department, the estimated cost of reducing the number of waiting days to illness benefit from six to four days would be approximately €11 million, for current valid claims. Additional costs would most likely arise from additional claims for shorter illness periods but not made because of the current waiting day provisions. However the Department does not have data on such potential claims in order to reliably estimate the extent of these claims.

I hope this clarifies the matter for the Deputy.

Jobseeker's Allowance Payments

Questions (255)

Bernard Durkan

Question:

255. Deputy Bernard J. Durkan asked the Minister for Employment Affairs and Social Protection further to Parliamentary Question No. 662 of 10 October 2017, when a jobseeker's allowance payment will resume in the case of a person (details supplied); and if she will make a statement on the matter. [44530/17]

View answer

Written answers

An officer of the Department conducted an interview with the homeowner of the address stated above. The homeowner confirmed that the person concerned does not reside at this address. A report has been forwarded to the deciding officer for decision and the person concerned will be advised of the outcome in due course.

I trust this clarifies the matter for the Deputy.

State Pension (Contributory) Applications

Questions (256)

Timmy Dooley

Question:

256. Deputy Timmy Dooley asked the Minister for Employment Affairs and Social Protection the reason a person (details supplied) in County Clare who is currently in receipt of the State pension, contributory, did not receive the maximum rate of payment; and if she will make a statement on the matter. [44536/17]

View answer

Written answers

The person concerned is in receipt of a reduced rate state pension (contributory) based on an assessed yearly average of 35 contributions, covering the period from July 1970 to December 2016.

The person concerned has a social insurance record of 1,625 reckonable contributions and credits. There are gaps in their insurance record for the years 1978 to 1989, from 1990 to 1992, and for the year 2016. These gaps impact on the overall yearly average of the person concerned and consequently their rate of weekly pension entitlement.

The person concerned is in receipt of the correct rate of contributory pension based on their social insurance record held by the Department. If the person considers that additional contributions or credits have not been recorded, it is open to the person concerned to forward documentary evidence of the missing periods of employment to my Department and their pension entitlement will be reviewed.

I hope this clarifies the matter for the Deputy.

Question No. 257 withdrawn.

Fire Safety Regulations

Questions (258)

Fiona O'Loughlin

Question:

258. Deputy Fiona O'Loughlin asked the Minister for Housing, Planning and Local Government the position regarding assistance to owners of houses that do not comply with fire safety standards; and if he will make a statement on the matter. [44298/17]

View answer

Written answers

Under the Building Control Acts 1990 to 2014, primary responsibility for compliance with the requirements of the Building Regulations, including Part B (Fire Safety), rests with the owners, designers and builders of buildings. Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and enforcement under the Acts.

In general, building defects are matters for resolution between the contracting parties involved: the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme. It is important to note that while my Department has overall responsibility for establishing and maintaining an effective regulatory framework for building standards and building control it has no general statutory role in resolving defects in privately owned buildings, including dwellings, nor does it have a budget for such matters.

In August 2017, I published a Framework for Enhancing Fire Safety in Dwellings where concerns arise. The Framework is intended to be used as a guide by the owners and occupants of dwellings where fire safety deficiencies have been identified, or are a cause for concern. In addition, the Framework will also be of assistance to professional advisors both in developing strategies to improve fire safety and in developing strategies to enable continued occupation in advance of undertaking the necessary works to ensure compliance with the relevant Building Regulations.

In response to the Grenfell Tower tragedy and in recognition of fears expressed for fire safety, on 27 June 2017, I tasked the National Directorate for Fire and Emergency Management in my Department with co-ordinating a high-level Task Force to lead a re-appraisal of fire safety in Ireland. The Task Force is currently reviewing and re-appraising existing arrangements and systems for fire safety and related issues which impact on fire safety.

Work has been on-going in my Department to review Technical Guidance Document (TGD) B – Fire (2006) and a new Part B/TGD B Volume 2 (2017) came into force on 1 July 2017. This Volume 2 applies to dwelling houses only. Important revisions in the TGD B Volume 2 include enhanced provision for fire detection and alarm systems in dwelling houses, guidance on fire safety in community dwelling houses, guidance on timber frame construction, including new provisions in respect of timber frame party walls, enhanced provisions in respect of loft conversions, new provisions for galleries in dwelling houses and other general updates.

In response to the many building failures that have emerged over the past decade, my Department introduced the Building Control (Amendment) Regulations 2014 (S.I. No. 9 of 2014), which require greater accountability in relation to compliance with Building Regulations in the form of statutory certification of design and construction by registered construction professionals and builders, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates.

A Certificate of Compliance on Completion is jointly signed by the builder and the assigned certifier. This must be accompanied by plans and documentation to show how the constructed building complies with the building regulations and also the inspection plan, as implemented.

At the end of May 2017, the Government approved the draft heads of a Bill to place the Construction Industry Register Ireland (CIRI) on a statutory footing and this Bill has now been referred to the Joint Oireachtas Committee on Housing, Planning, Community and Local Government for pre-legislative scrutiny. Once it is enacted the Bill will provide consumers who engage a registered builder with the assurance that they are dealing with a competent and compliant operator and will complement the reforms which have been made through the Building Control Amendment Regulations and contribute to the development of a culture of competence and compliance in the construction sector.

Local Authority Staff

Questions (259)

Clare Daly

Question:

259. Deputy Clare Daly asked the Minister for Housing, Planning and Local Government if his Department received a request from Sligo County Council in 2017 to increase staffing levels in the council's housing section; the response of his Department; and if he will make a statement on the matter. [44309/17]

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Written answers

Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.

My Department has not received any staffing applications from Sligo County Council in 2017 to increase staffing levels in the Council's Housing Section.

Local Authority Housing Rents

Questions (260)

Imelda Munster

Question:

260. Deputy Imelda Munster asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 520 of 17 January 2017, if his Department has completed the framework for a harmonisation of the approach to be taken by local authorities in regard to various aspects of rent schemes; and if he will make a statement on the matter. [44368/17]

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Written answers

As stated in the reply to Question No. 520 of 17 January 2017, considerable work has been carried out by my Department in developing a draft framework for a harmonisation of the approach to be taken by local authorities in regard to various aspects of rent schemes, and these proposals were examined further in the light of the broader commitment given in the Rebuilding Ireland Action Plan for Housing and Homelessness to review the disparate systems of differential rents for social housing in place across local authorities. This review will be completed shortly.

Local Authority Housing

Questions (261)

Eoin Ó Broin

Question:

261. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if there is a prohibition on local authorities purchasing houses on the open market that are vacant and bought on the open market or that have RAS tenants who have been served with a NTQ arising from a landlord selling the property. [44369/17]

View answer

Written answers

As part of the first phase of my review of Rebuilding Ireland, I announced that the funding for social housing  is being reorientated away from acquisitions towards direct build programmes for local authorities and approved housing bodies. 

Where acquisitions are undertaken for social housing use, my Department does not prescribe the exact nature of the properties. In general, these are matters for the local authorities themselves to determine, based on the nature and priority of their housing lists, but with a requirement that regard is had to local market conditions, that a reasonable tenure mix should be maintained and that properties to be acquired should represent value-for-money and must comply with statutory building and fire safety regulations.

Mortgage to Rent Scheme Applications

Questions (262)

Niall Collins

Question:

262. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government if a person (details supplied) applied for the mortgage to rent scheme; if they were refused; if so, the reason therefor; the advice which can be given to this person; and if he will make a statement on the matter. [44370/17]

View answer

Written answers

The Mortgage to Rent (MTR) scheme introduced in 2012 is targeted at those households in mortgage arrears who are eligible for social housing support whose mortgage is unsustainable and who have very limited options, if any, to meet their long-term housing needs themselves.  It would not be appropriate for me to comment on any individual case but I understand that this particular case has not been the subject of a MTR application to the Housing Agency.  A MTR case would have to come within the criteria applying to the scheme in order for a lender to make the scheme available to a borrower. 

A review of the MTR scheme, published in February 2017, introduced a range of amendments to the eligibility criteria and administration of the MTR scheme in order for it to work better for borrowers.  Included in the key amendments to the scheme is a requirement that where a lender assesses a borrower for MTR and deems MTR not to be an option then the lender must notify the borrower in writing of the reason that it deems MTR not to be an option.  This requirement became effective on 27 March 2017. 

Planning Data

Questions (263)

Barry Cowen

Question:

263. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government the number of planning applications that have been processed to date via the strategic housing development planning applications; and the number of refusals. [44377/17]

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Written answers

The Planning and Development (Housing) and Residential Tenancies Act 2016 provides for new streamlined arrangements to enable planning applications for strategic housing developments, of 100 housing units or more or student accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála (the Board) for determination.

As part of the new arrangements and prior to making a planning application, a prospective applicant must make a request to the Board to enter into mandatory pre-application consultation regarding a proposed strategic housing development.  At the end of the consultation, the Board issues its opinion as to whether the documents submitted with the consultation request constitute a reasonable basis for a planning application to be submitted or alternatively require further consideration and amendment in order to constitute a reasonable basis for an application. 

Further to the submission of a planning application to the Board for a proposed strategic housing development, the Board is required to make a determination on such application within a period of 16 weeks of the lodgement of the application.

Since the new arrangements have come into operation on 3 July 2017, the Board has received 19 valid pre-application consultation requests and has issued an opinion in respect of 8 of these.  To date, 2 planning applications for strategic housing developments have already been lodged - one in respect of a student accommodation development comprising 3,006 bed spaces, with the other development comprising 363 houses and 571 apartments - and these are currently under consideration by the Board. Further to the pre-application consultation requests received to date, it is envisaged that further applications in respect of strategic housing developments will be submitted to the Board in the near future.

National Planning Framework

Questions (264, 265, 270)

Barry Cowen

Question:

264. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if he will provide clarification on the national policy objective 3b from the national planning framework; if this means that 50% of development in the greater Dublin region would have to happen in Dublin city and suburbs or County Dublin; and if it could also occur in urban areas in surrounding counties. [44378/17]

View answer

Barry Cowen

Question:

265. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if he will provide clarification on the national policy objective 3b with regard to the meaning of immediately adjoining suburban areas in each of the five cities. [44379/17]

View answer

Barry Cowen

Question:

270. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if he will define all suburbs for each city for the purposes of national policy objective 8 in the draft version of the national planning framework. [44384/17]

View answer

Written answers

I propose to take Questions Nos. 264, 265 and 270 together.

The draft National Planning Framework (NPF) was published at the end of last month and is currently undergoing its final public consultation phase. This is due to end in early November, following which submissions will be reviewed with a view to finalising the NPF before the end of the year.

In the preparation of the Framework, securing better planning and development outcomes from the form of Ireland's urban development patterns was highlighted as one of the most significant national development challenges in terms of a move away from an extensive, medium- to low-density form of development that is very difficult and costly to service from an infrastructural development perspective, towards a more compact urban development based approach.

Accordingly. National Policy Objective 3b states:

‘At least half (50%) of all new homes in the five cities and immediately adjoining suburban areas of Dublin, Cork, Limerick, Galway and Waterford would be delivered within the built-up envelope of existing urban settlements’.

The practical effect of this is that at least 50% of all new residential development targeted for each of the five cities would occur within the above defined areas, which in the case of Dublin and all four other cities, is the City and suburbs as defined and mapped by the Central Statistics Office (CSO). In relation to Dublin, this does not equate to Dublin County but in broad terms, includes the contiguous built-up area and associated in-fill and new development areas. This contiguous built-up area also includes some lands in the counties around Dublin.

Outside each of the five cities and their suburbs, it is a further target that at least 30% of new residential development would be accommodated within the existing built-up envelope i.e. town and suburbs, of other urban areas, some of which may be in surrounding counties.

With regard to the meaning of ‘immediately adjoining suburban areas’, this relates to the area within the existing built-up envelope of all sizes of urban settlement, as defined and mapped by the Central Statistics Office (CSO) in line with UN criteria i.e. having a minimum of 50 occupied dwellings, with a maximum distance between any dwelling and the building closest to it of 100 metres, and where there is evidence of an urban centre (shop, school etc.).

Moreover, National Policy Objective 8 states:

‘Ensure that the targeted pattern of population growth of Ireland’s cities and large towns to 2040 is proportionate, in accordance with the targets set out in Table 3.1.’

The suburbs for each city under National Policy Objective 8 are as defined by the Central Statistics Office (CSO), i.e. in line with UN criteria referred to above. For development purposes, they must also include immediately adjoining i.e. contiguous, zoned development land that would, if developed, form part of an updated city/town and suburban area in accordance with the CSO definition.

Given that a majority of ‘greenfield’ development outside the built-up envelope of an urban settlement occurs at the suburban edge, the definition of the CSO is dynamic and changes in relation to each Census of Population.

National Planning Framework

Questions (266)

Barry Cowen

Question:

266. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if the national smart growth initiative will be funded under the existing capital plan 2016 to 2021 and under the capital plan post-2022; the amount of funding that will be available under the initiative; and the planned purpose of the initiative. [44380/17]

View answer

Written answers

The draft National Planning Framework (NPF), titled Ireland 2040: Our Plan, was published at the end of September and is currently undergoing its final public consultation phase.  The public consultation phase will conclude in early November, following which submissions will be reviewed with a view to finalising the Framework before the end of the year together with a 10-year national investment plan being progressed by the Minister for Public Expenditure and Reform.  From the close cooperation between both Departments, I expect the long-term investment plan to include measures to promote the smart development principles outlined in the NPF.    

The interaction and alignment between the NPF and the 10-year National Investment Plan is currently being refined and will also need to take account of the outputs from the ongoing public consultation on the NPF.  In the meantime, my Department will be working to ensure that its capital allocations over the period 2018 to 2021 are deployed in a manner that supports and drives implementation of the NPF, especially as regards measures to consolidate and regenerate key parts of the urban fabric in our cities and towns and through capital investment in housing and water infrastructure, in particular.

National Planning Framework

Questions (267, 268)

Barry Cowen

Question:

267. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government the position in the event that the Houses of the Oireachtas do not vote in affirmation of the national planning framework as approved by the Government; and if there will be scope for amendments to the initial plan and-or future iterations by the Houses of the Oireachtas. [44381/17]

View answer

Barry Cowen

Question:

268. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government the length of time he plans to give the Oireachtas Committee on Housing, Planning and Local Government to scrutinise the final draft of the national planning framework before submitting it to all Members of the Houses of the Oireachtas for a vote; and if members of the committee will have an opportunity to make amendments to the final draft of the plan after it is approved by Cabinet. [44382/17]

View answer

Written answers

I propose to take Questions Nos. 267 and 268 together.

The Government places a high degree of value on Oireachtas guidance and input into the finalisation of the National Planning Framework, and has clearly signalled its intention to honour the spirit of the new legislative provisions underpinning the Framework proposed in the Planning and Development (Amendment) Bill 2017, which is currently at Dáil Report Stage.  This is being given effect through engaging proactively with Deputies and Senators to gather views and perspectives on the final draft of the Framework which was approved for publication by the Government at the end of September for consideration in finalising the Framework before the end of the year.

Extensive stakeholder and public consultation has already been undertaken at national, regional and local level since the NPF preparations began in 2014 to ensure early input and buy-in at community and citizen level, as well as with key policy-makers and representative organisations.  Over 30 workshops and regional and local seminars were held over Summer/Autumn 2016 to prompt and inform debate and a shared sense of ownership of Ireland 2040.  A further 9 regional road-show events were organised during the formal initial 8-week public consultation process in February/March 2017, which generated nearly 700 detailed submissions which were considered fully.  The NPF has also been the subject of earlier discussion at a number of Oireachtas Committee sessions.

The period of this final public consultation process closes on 3 November, acknowledging the importance of having the adopted Framework in place as early as possible to set a locational and policy context for the adoption of the Government’s 10-year National Investment Plan, also to be finalised before the year-end, as well as supporting wider joined-up strategies in a range of priority policy areas such as housing, economic development and climate change.  I believe that the period for the final round of consultation, up to 3 November, provides adequate time for consideration of the draft NPF and for the making of submissions.  I know that the Joint Oireachtas Committee on Housing, Planning and Local Government is already progressing its consideration of the NPF and, in that context, I had an opportunity to meet with the Committee on 18 October.  I look forward to considering carefully all submissions received through the consultation process.

It is also important to note that enactment of the Planning and Development (Amendment) Bill will establish the NPF on a statutory footing, putting in place, through the new Office of the Planning Regulator, a regular process, including Oireachtas involvement, of monitoring, review and updating of the Framework and its successor strategies, much as in the manner of local authority development plans. In addition, the processes to develop the supporting Regional Spatial and Economic Strategies in each of the three regions has already begun and this work is targeted for completion before the end of 2018.

Development Contributions

Questions (269)

Barry Cowen

Question:

269. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if local authorities are now taking into consideration benefits from the metro north when determining development levies; and if not, when he anticipates they will do this. [44383/17]

View answer

Written answers

Development contributions are levied by local authorities on the basis of development contribution schemes which set out how contributions are to be applied in respect of developments in their respective functional areas. Section 49 of the Planning and Development Act 2000, as amended (the Act), provides for the preparation of supplementary development contribution schemes in order to facilitate a particular public infrastructure service or project that benefits development in the area. Such public infrastructure services and projects include rail, light rail metro or other large public infrastructure projects.

As the original Metro North project was to traverse the functional areas of Dublin City Council and Fingal County Council, supplementary development contribution schemes were adopted under section 49 of the Act by both Councils in 2007, and subsequently revised in 2013, with a view to facilitating the project.

However, the National Transport Authority (NTA) notified both local authorities on 29 September 2015 of a Government decision not to proceed with the original Metro North project and to instead proceed with a revised Metro North project, entitled "new Metro North".  As the new Metro North will differ from the original Metro North project, the NTA advised both local authorities that their existing section 49 supplementary development contribution schemes in respect of the original Metro North project should cease and be revoked. Both Councils subsequently commenced a process to cease their existing Section 49 supplementary development contribution schemes for Metro North and to refund any contributions received under their schemes in respect of the project.

The NTA is the sanctioning authority for public transport projects in the Greater Dublin Area, and would, accordingly under the provisions of the Act, be consulted in the adoption of such section 49 supplementary development contribution schemes. It is ultimately a matter for the local authorities concerned to decide on the introduction of supplementary development schemes in their respective functional areas. The adoption of such schemes is a reserved function of the elected members of each planning authority and I have no function in this regard.

I am informed that there is currently no active development contribution scheme in place for new Metro North.  When details of the new project are formally notified to the two Councils, including details of the appropriate catchment area to be serviced by the project, the process of adopting new supplementary development contribution schemes will commence and contributions will be applied on the completion of that process.

Question No. 270 answered with Question No. 264.

Compulsory Purchase Orders

Questions (271)

Barry Cowen

Question:

271. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if his Department has undertaken reviews of the potential to broaden the applicability of compulsory purchase legislation in line with the national policy objective 12; the reason and the cases in which his Department is of the view the CPO legislation requires reform; the details of some of the issues with the CPO process and legislative framework as it applies to infill and brownfield development. [44385/17]

View answer

Written answers

The draft National Planning Framework (NPF) was published at the end of September and is currently undergoing its final public consultation phase.  This is due to end in early November, following which submissions will be reviewed with a view to finalising the NPF before the end of the year. 

The draft NPF has identified that a more dynamic approach is required in relation to how land is managed, in particular in urban areas. National Policy Objective 12 highlights potential mechanisms to support urban infill/brownfield development targets. These may include the establishment of a national land development agency, and if appropriate, the broadening of the applicability of compulsory purchase (CPO) legislation in certain circumstances.

However, it should be noted that a large number of State bodies and authorities already have CPO powers, many of which are underpinned by different statutes. Considering the number of statutes involved, the complexity of the various pieces of legislation, and the 2015 judgment by Supreme Court in respect of a case in Co. Kildare, any review of CPO powers will be a significant task and will require detailed legal input to appropriately balance the constitutional property rights against the wider public interest.

In addition, the complexity of current statute law governing CPOs has been acknowledged by the Law Reform Commission which has begun a project on reform of the law of compulsory acquisition of land, as part of the Commission’s current Fourth Programme of Law Reform. This project will explore the consolidation, clarification and reform of the rules and principles on compulsory acquisition of land, with the aim of putting in place a fair, effective and efficient system. Among the matters included in the project will be:

- simplification, consolidation and codification of the law;

- the principles for the assessment of compensation on the acquisition of land or interests in land;

- time limits for implementation of a CPO; and

- submissions from third parties whose land is not being acquired.

The Commission intends to publish a consultative Issues Paper, which will describe the current law and seek views from interested parties through targeted questions around how the law might be reformed, in the coming months.  In this context, the outcomes of this LRC project will inform the assessment in my Department as to whether and what further review of CPO provisions is warranted. 

Further to the above work being conducted by the LRC, and taking account of advice from the Attorney General, I also intend to engage directly with local authorities, who have practical, on-the-ground, operational knowledge and expertise on the CPO process within their own areas, and who may be able to identify practical measures or immediate legal reforms that could be taken in the short term to improve the existing processes.

Housing Data

Questions (272)

Barry Cowen

Question:

272. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government the expected residential population to be developed in each of the strategic development zones, SDZs, in the country. [44386/17]

View answer

Written answers

A maximum total of 39,450 housing units, as set out in the table, is capable of being delivered across the Strategic Development Zones designated by Government, as per the statutory Planning Schemes associated with each SDZ. On the basis of an average of 2.5 persons per dwelling, this would translate to an estimated 98,625 residential population being accommodated within these sites.

 

 Council

Max. Housing Target

Adamstown

South Dublin County Council

8900

Clonmagadden

Meath County Council

1250

Hansfield

Fingal County Council

3000

Clonburris-Balgaddy

(Draft)

South Dublin County Council

8500

Cherrywood   

Dun Laoghaire Rathdown Co Co       

8000

Monard

Cork County Council

5000

Grangegorman

Dublin City Council    

Student Accommodation

Dublin Docklands

Dublin City Council    

1000

North Quays (Draft)

Waterford City and County Council

300

Poolbeg West

Dublin City Council    

3500

Knock Airport

Mayo County Council

0

Total

39,450*

*Excludes Grangegorman SDZ provision for 2,000 student bed spaces.

State Properties

Questions (273)

Barry Cowen

Question:

273. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government if he will provide estimates by local authority in terms of hectares and as a percentage of total development land, from State land management studies his Department has undertaken in preparation of the national planning framework of lands and development sites owned by the State either directly or indirectly and that is owned by each semi-State, which are vacant in each local authority area (details supplied). [44387/17]

View answer

Written answers

State land management is a core element of the forthcoming National Planning Framework, Ireland 2040: Our Plan, which includes draft proposals in relation to realising a more strategic, portfolio-management approach to the State landbank, in consultation with the Minister for Public Expenditure and Reform. This proposed approach will be developed further in the context of the finalisation of the NPF by year-end.

The development of the State land bank for housing is a key Government objective and to this end, the publication of the Rebuilding Ireland Housing Land Map on 27 April 2017, which is available at http://rebuildingireland.ie/news/rebuilding-ireland-land-map/, marks the first step in delivering the new pro-active approach to national land supply management, in line with Action 3.5 of Rebuilding Ireland.

As regards local authority owned housing lands, the relevant local authorities and the Housing Agency are currently finalising strategic development and management plans. Each Plan will outline practical ways on how these sites will be brought to development stage at the earliest appropriate opportunity.

National Planning Framework

Questions (274)

Barry Cowen

Question:

274. Deputy Barry Cowen asked the Minister for Housing, Planning and Local Government his views on the inclusion of national policy objective 18b in the national planning framework in view of the concerns over the potential legality of local needs planning criteria for one-off housing; the legislative and policy impacts that will ensue if case law demonstrates that such local needs criteria are not compatible with Articles 43 and 56 of the EC treaty; and his further views on whether the inclusion of this as a core national planning objective could expose local authorities to potential liabilities. [44388/17]

View answer

Written answers

Following engagement between the European Commission and my Department regarding the 2013 European Court of Justice ruling in the Flemish Decree case, a working group - comprising representatives from my Department and planning authorities - was established in May 2017 to review and, where necessary, recommend changes to the 2005 Planning Guidelines on Sustainable Rural Housing with a view to ensuring that rural housing policies and objectives contained in county development plans comply with the relevant provisions of the Treaty on the Functioning of the European Union.

The deliberations of the Working Group concluded in September 2017 and my Department is now proposing to engage further with the European Commission on the proposed changes to be made to the 2005 Guidelines. The revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended, which requires planning authorities, and where appropriate An Bord Pleanála, to have regard to planning guidelines in the performance of their statutory functions under the Planning Acts.

Planning authorities were advised by way of Circular letter PL 2/2017 issued on 31 May 2017, that, pending the conclusion of the abovementioned review process and until advised otherwise by my Department, the existing 2005 Guidelines remain in place and any amendments to rural housing policies in existing development plans should be deferred. The Circular letter is available to view on my Department's website at the following link:

http://www.housing.gov.ie/sites/default/files/publications/files/pl_02-2017_sustainable_rural_housing_guidelines_for_planning_authorities_2005_-_local_need.pdf

National Policy Objective 18b has been developed in the light of the ongoing deliberations of the Working Group and interactions with the Commission, but will require further changes to the 2005 Guidelines, which are being finalised as set out above, for it to be put into practice.

Submissions on the draft National Planning Framework are invited up to 3 November.

Social and Affordable Housing Provision

Questions (275)

Kevin O'Keeffe

Question:

275. Deputy Kevin O'Keeffe asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the fact that Cork County Council is in breach of housing policy by not advertising a recent housing allocation through the choice base letting scheme at a location (details supplied). [44453/17]

View answer

Written answers

The allocation of social housing support is a matter for the relevant local 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.

On 30 September 2016, the Social Housing Allocation (Amendment) Regulations 2016 were made, which required that all local authorities must, if they had not already done so, provide for Choice Based Letting (CBL) as a method of allocation in their housing allocation schemes by 31 December 2016.

Where a local authority, having included a provision on CBL in its allocation scheme, decides to operate a CBL scheme, it must implement it in accordance with Regulations 6 – 11 of the 2011 Regulations. 

Decisions on which properties are to be included under a CBL scheme is a matter for individual authorities.

Irish Water Administration

Questions (276)

Bríd Smith

Question:

276. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government the impact the decision of Irish Water, which seeks to end the service level agreement with local authorities, will have on the future of the company and on workers currently delivering services under that agreement. [44465/17]

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Written answers

The Water Services Strategic Plan - A Plan for the Future of Water Services (WSSP), published in October 2015, sets out strategic objectives for the delivery of water services for 25 years up to 2040. The WSSP committed to the preparation of Business Plans by Irish Water to set out targets for delivery of efficiencies in operational and capital expenditure and performance targets consistent with the delivery of the objectives of the WSSP.

The Irish Water Business Plan - Transforming Water Services in Ireland to 2021 was published in late 2015. It set the priorities for the utility to 2021 and underpins the transformation plan for the water sector to a single utility model. The plan was considered by Government and was approved subject to budgetary and regulatory review.

Since 2013, working through Service Level Agreements (SLAs) with the Local Authorities, Irish Water has made significant progress in establishing the utility capability, which has included investing over €2 billion in the system to date. Over the past year, significant design phase work has been undertaken on the development of a transformation plan, in line with the Business Plan objectives. Flowing from this, I have been informed by Ervia (which has responsibility for Irish Water), that they consider that the public water system will benefit significantly by greater integration of operations into the single utility. Consequently, the Ervia Board has agreed in principle not to renew the SLAs beyond 2025 (when they are due to end) and to move to a full integrated public utility operations model. The Water Services Acts already provide the necessary protections for terms and conditions, and pensions of local authority staff working under the SLAs in such circumstances. It is the intention of Ervia to work with local authorities to manage this change within the life of the current Business Plan (i.e. by end of 2021).

A process of engagement with local authorities on the proposed next steps on the transformation plan has now commenced. The current SLAs remain in place until such time as an alternative is agreed.

Irish Water Administration

Questions (277)

Bríd Smith

Question:

277. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government if the ending of the service level agreement between Irish Water and local authorities has implications for retaining water services in public ownership; and if he will make a statement on the matter. [44466/17]

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Written answers

I have been informed by Ervia (which has responsibility for Irish Water), that they consider that the public water system will benefit significantly by greater integration of operations into the single utility.  Consequently, the Ervia Board has agreed in principle not to renew the Service Level Agreements (SLAs) beyond 2025 (when they are due to end) and to move to a full integrated public utility operations model. A process of engagement with local authorities on the proposed next steps on the transformation plan has now commenced.  The current SLAs remain in place until such time as an alternative is agreed.  

The SLAs that are in place between Irish Water and Local Authorities have no impact on the ownership of the company. 

Irish Water is in full State ownership. Subsection 5(6) of the Water Services Act 2013, as amended by Section 46 of the Water Services (No. 2) Act 2013, prohibits each of the three shareholders from disposing of their shareholding in Irish Water and thus placed a statutory prohibition on the privatisation of Irish Water. To further strengthen this protection of the State’s ownership of the company, section 2 of the Water Services Act 2014 provides that any future proposal for legislation that would involve a change in the State ownership of Irish Water must be put to a plebiscite of the people.

Vacant Properties

Questions (278)

Maureen O'Sullivan

Question:

278. Deputy Maureen O'Sullivan asked the Minister for Housing, Planning and Local Government the steps his Department is taking in collaboration with Dublin City Council and the three county councils to get the 40,000 vacant homes in Dublin back into use (details supplied). [44513/17]

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Written answers

I wrote to the Chief Executives of all local authorities on 2 August 2017, requesting them to commence the drawing up of Vacant Homes Action Plans for their functional areas and to set ambitious but realistic targets of the number of vacant homes that can be brought back into use, whether for private sale or rent or for social housing purposes.

As a first step in the process and having regard to the fact that the Census 2016 data on vacancy was a snapshot of the situation on 24 April 2016, I requested local authorities to undertake surveys in their areas in order to obtain a more accurate and up-to-date picture of the scale of vacancy in their areas to better inform local actions to bring as many vacant properties back into use as soon as possible. 

Anecdotal evidence suggests that the levels of vacancy recorded as part of the Census count in April 2016 have been significantly reduced, particularly in urban areas where many habitable homes and buildings have since been occupied.  This underpins the importance of having an accurate picture of what accommodation is vacant and potentially available for early re-use.

Given the high levels of housing demand in the main urban areas, I requested that these Action Plans should be devised by the local authorities in the Dublin area and the other four main cities - Cork, Limerick, Galway and Waterford - by the end of October 2017, while also setting a deadline for all other County Action Plans to be completed by the end of 2017. My Department subsequently wrote to all Chief Executives on 25 August 2017, providing advice on the broad structure that such Action Plans should take. 

Supplementary to my letter to Chief Executives on 2 August last, I also announced a range of other initiatives and actions to be taken to quickly facilitate the delivery of vacant homes back into use:

- a dedicated Empty Homes Unit to be established within my Department to drive and co-ordinate actions at central and local level and to support local authorities in their actions;

- all Chief Executives were requested to designate vacant home officers in their local authorities to examine Census 2016 and other vacancy data in order to identify - through their Vacant Homes Action Plans - priority "vacant hot-spot areas" and properties that can be quickly brought back into use;

- all local authorities were requested to maximise the quick turnaround of their vacant social housing stock between lettings through more efficient ongoing maintenance and upgrading of their properties so as to minimize "down-time" and quicker identification of new tenants through, for example, the choice-based letting initiative; and

- prioritising the development and adoption of exempted development planning regulations to allow the change of use of vacant commercial and over-the-shop premises to residential use without having to go through the planning process.

In addition, my Department has a number of funding schemes in place, particularly the Repair and Leasing Scheme and the Buy and Renew Scheme, to support local authorities and Approved Housing Bodies in bringing vacant housing stock into use for social housing purposes.

Furthermore my Department has recently established a multi-disciplinary working group to prepare additional building control guidance for local authorities and the construciton sector with a view to better facilitating the reuse or development of under-used or vacant buildings within the context of the existing building control regulatory requirements.

My Department is continuing to engage on an ongoing basis with local authorities, including the four Dublin local authorities, with a view to progressing measures to bring as many vacant and underutilised properties as possible back into use.

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