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Tuesday, 20 Feb 2018

Written Answers Nos. 605-620

Local Authority Housing Waiting Lists

Questions (605)

Richard Boyd Barrett

Question:

605. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning and Local Government if a decision to remove a family from the housing list due to temporarily exceeding the income thresholds is open to appeal; and if he will make a statement on the matter. [8276/18]

View answer

Written answers

Local authorities are by law (Section 63(1) of the Local Government Act 2001) independent in the performance of their functions.  The assessment of applicants and the provision of social housing support is entirely a matter for the local authority concerned in accordance with its allocation scheme. Management of the lists of qualified households awaiting accommodation, including the allocation and transfer of tenancies, is a matter for the relevant housing authority in accordance with Sections 20 and 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Social Housing Assessment and Allocation Regulations, respectively.

For the purpose of assessing households under the income eligibility criteria, the Social Housing Assessment Regulations 2011 (as amended) prescribe the maximum net income limits that can be set for each housing authority to be applied in assessing an applicant’s eligibility for social housing support.

Income is assessed under the Household Means Policy, which applies in all housing authorities.  Under the policy, net income for social housing assessment is defined as gross household income less income tax, PRSI and the universal social charge. The policy provides for a range of income disregards, and housing authorities also have discretion to disregard income that is temporary, short-term or once off. 

The Social Housing Assessment Regulations 2011, as amended, prescribe maximum net income limits for each housing authority, in different bands according to the area, with income being defined and assessed according to a standard household means policy. The income bands and the authority area assigned to each band were based on an assessment of the income needed to provide for a household's basic needs plus a comparative analysis of the local rental cost of housing accommodation across the country. The limits also reflect a blanket increase of €5,000 introduced prior to the new system coming into operation, in order to broaden the base from which social housing tenants are drawn and thereby promote sustainable communities.

I understand that many local authorities have internal complaints and appeals systems which may be used to appeal cases. However, the 2011 Regulations do not provide housing authorities with any discretion to exceed the thresholds that apply to their administrative areas.

Pyrite Issues

Questions (606)

Joe Carey

Question:

606. Deputy Joe Carey asked the Minister for Housing, Planning and Local Government the advice he would give to persons in County Clare who are affected by pyrite on the best course of action to have the problem addressed; if the possibility of including these properties in the State pyrite remediation scheme will be examined; and if he will make a statement on the matter. [8412/18]

View answer

Written answers

The Pyrite Resolution Act 2013 provides the statutory framework for the establishment of the Pyrite Resolution Board and for the making of a pyrite remediation scheme to be implemented by the Board with support from the Housing Agency.

The provisions of the Act apply only to dwellings affected by significant damage attributable to pyritic heave consequent on the presence of reactive pyrite in the subfloor hardcore material and not to damage arising in any other circumstance, e.g. such as pyrite in concrete blocks. 

The pyrite remediation scheme is a scheme of “last resort” for affected homeowners who have no other practical option to obtain redress and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme which is available on the Board’s website, www.pyriteboard.ie.

The scheme is applicable to dwellings, which are subject to significant damage attributable to pyritic heave established, in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol.  In this regard, it is a condition of eligibility under the scheme that an application to the board must be accompanied by a building condition assessment with a damage condition rating of 2.  Dwellings which do not have a damage condition rating of 2 are not eligible to apply under the scheme.  This ensures that, having regard to the available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave.  I have no proposals to amend this eligibility criterion.

As matters currently stand, the position is that the scheme is based on the information that was available to the Board at the time of its adoption in February 2014 and having regard to the detail set out in the Report of the Pyrite Panel (July 2012). 

The panel undertook a desktop study, in conjunction with a stakeholder consultation, to establish certain facts in relation to the potential exposure of pyrite in dwellings.  The information was gathered from a number of sources including local authorities, structural guarantee providers, representatives of homeowners, private builders, construction professionals and public representatives and was cross referenced to verify, as far as practicable, its validity.

Seventy four estates were identified to the Pyrite Panel, as possibly having pyrite. At that time all of these estates were located in the five local authority areas of Dublin City, Fingal, Kildare, Meath and Offaly, although the scheme was subsequently amended in February 2015 in the light of relevant information that emerged in the local authority areas of Dún Laoghaire-Rathdown and South Dublin with regard to pyritic heave in a small number of housing developments, i.e. one development in each of the two local authority areas.

Any proposal to amend the scheme is, in the first instance, a matter for the pyrite resolution board and any such proposal would require detailed consideration of the evidence. The recommendations of the pyrite panel, which informed the establishment of the pyrite remediation scheme, were premised on a number of pertinent factors. I would support the view that similar factors would need to be examined by the Pyrite Resolution Board in advance of extending the scheme to other areas, given the scheme is ultimately one of last resort.

As a minimum, in order to consider the appropriateness or otherwise of amending the scheme, I understand that the Board would require a report addressing the following information: -

- the extent and severity of damage to dwellings in the local authority area caused by pyritic heave in the subfloor hardcore;

- verification, if available, that the damage has been caused by pyrite;

- the background to the occurrence of the damage;

- details of any structural warranty policies for the dwellings;

- the history of the estate’s construction, numbers, type of dwellings etc.;

- the source of the hardcore supplied to dwellings in the estate; and

- any supporting geological assessments.   

In addition to the above, the board may also make such further enquiries as it considers necessary in order to assist it in considering the matter. In this regard, it would be advisable for the residents to confirm the nature of the pyrite problems in the area, i.e. do the problems stem from reactive pyrite in the subfloor hardcore material which is giving rise to pyritic heave and consequential significant pyritic damage.

The Board may be contacted by phone at Lo call 1890 252842 or by email to info@pyriteboard.ie or alternatively at oireachtasinfo@pyriteboard.ie.

Seaweed Harvesting Licences

Questions (607)

Catherine Connolly

Question:

607. Deputy Catherine Connolly asked the Minister for Housing, Planning and Local Government the number and status of outstanding licence applications for seaweed harvesting; the number of licences granted in each of the past five years; the location, licencee, fees attached and term of the licence; the number in operation; and if he will make a statement on the matter. [8499/18]

View answer

Written answers

There are some 17 applications to harvest seaweed on hand in my Department that have yet to be determined.  During the course of assessing the applications it became clear that certain rights to harvest seaweed exist.  My Department is in the process of ascertaining, with the assistance of the Attorney General, the legal interface and relationship between these traditional harvesting rights and the current applications. 

These applications, most of which are by companies, are effectively on hold until such time as my Department is in a position to bring clarity to the regulatory regime applying to the harvesting of wild seaweed.  At that point the applications on hand will come before me for determination.  Work on this complex legal issue is continuing and I hope to have made substantial progress on the matter in the second quarter of this year. 

Two licences have been issued since 2013, details of which can be found at the following links: 

http://www.housing.gov.ie/planning/foreshore/applications/raheen-environmental-limited; and http://www.housing.gov.ie/planning/foreshore/applications/bioatlantis-ltd.

Water and Sewerage Schemes

Questions (608)

Peter Burke

Question:

608. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government if relief measures will be put in place for individual members of group water schemes in view of the discontinuation of the domestic water charging regime; and if he will make a statement on the matter. [8617/18]

View answer

Written answers

I refer to the reply to Question No. 680 of 13 February 2018.  The position is unchanged.

Ministerial Communications

Questions (609)

Mary Lou McDonald

Question:

609. Deputy Mary Lou McDonald asked the Minister for Housing, Planning and Local Government further to Parliamentary Questions Nos. 698, 699 and 700 of 13 January 2018, if following a High Court libel judgment (details supplied) he will revoke his predecessor's public statement on 24 April 2013 that includes the same selected excerpt from a report as used by a council. [8635/18]

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Written answers

The public statement of my predecessor and the associated report were not the subject of the High Court judgment referred to in the details supplied by the Deputy.

The case in question concerned a statement made in a press release issued by the Council on 23 April 2013. The plaintiffs brought proceedings against the council claiming that the last paragraph of the press release was defamatory towards them. This paragraph stated that a delay in sanctioning a loan to purchase a site, caused by the need to carry out an independent review as a result of allegations made by the plaintiffs, had resulted in a loss to the Council of circa €200,000 in respect of interest foregone and administrative costs. 

No such statement was made by my predecessor nor is it made in the report. Against that background, I see no basis for taking the step referred to.

Vacant Properties Data

Questions (610)

Róisín Shortall

Question:

610. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government the number of vacant habitable dwelling units and vacant derelict residential dwelling units in the ownership of or part ownership of or under the control of both his Department and agencies under his remit; the county in which each unit is located; the length of time each unit has been vacant, in tabular form; and if he will make a statement on the matter. [8668/18]

View answer

Written answers

My Department does not own, either in whole or in part, or control any dwellings.     

The information requested in relation to bodies under the aegis of my Department is a matter for the individual bodies concerned.  Arrangements have been put in place by each agency to facilitate the provision of information directly to Members of the Oireachtas.  The contact email address for each agency is set out in the table.

Agency

Email   address

An Bord Pleanála

Oireachtasqueries@pleanala.ie

Ervia, Gas Networks Ireland

oireachtas@ervia.ie

Housing Finance Agency

oireachtas.enquiries@hfa.ie

Housing Sustainable Communities   Agency

publicreps@housingagency.ie

Irish Water

oireachtasmembers@water.ie

Local Government Management Agency

corporate@lgma.ie.

Ordnance Survey Ireland

Oireachtas@osi.ie

Property Registration Authority

reps@prai.ie

Pyrite Resolution Board

oireachtasinfo@pyriteboard.ie

Residential Tenancies Board

OireachtasMembersQueries@rtb.ie

Valuation Office

reps@valoff.ie

 

Seaweed Harvesting Licences

Questions (611)

Eoin Ó Broin

Question:

611. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 660 of 13 February 2018, the County Clare coastline that could potentially be affected by plans to sell the harvesting rights of kelp disk seaweed to a company (details supplied) in percentage terms. [8771/18]

View answer

Written answers

As I outlined in the reply to Question No. 660 of 13 February 2018, the role of my Department in relation to seaweed harvesting is to regulate the activity in accordance with the Foreshore Act 1933, as amended. The Act provides that a licence may be granted to remove beach material, including seaweed. Any licence granted would be temporary in nature.  The Foreshore Act does not include any mechanism under which harvesting rights may be sold to any third party.

Road Network

Questions (612)

Jackie Cahill

Question:

612. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government if the required funding will be made available to Tipperary County Council for the provision of infrastructure to provide pedestrian and cyclist access to the new ETB apprentice training centre at Archerstown, Thurles, County Tipperary from the N62 junction at Turtulla Cross; and if he will make a statement on the matter. [8785/18]

View answer

Written answers

The funding of roads infrastructure generally is a matter for my colleague, the Minister for Transport, Tourism and Sport.

My Department is not in receipt of any request for funding in respect of roads infrastructure at Archerstown, Thurles, County Tipperary.

While my Department will be issuing a call shortly for proposals under the second round of the Local Infrastructure Housing Activation Fund, it will be for Tipperary County Council to decide whether the roads infrastructure referenced by the Deputy facilitates the early delivery of housing, in line with the general objectives of the Fund, and whether to submit a proposal to my Department in this regard.

Water and Sewerage Schemes Provision

Questions (613)

Kevin O'Keeffe

Question:

613. Deputy Kevin O'Keeffe asked the Minister for Housing, Planning and Local Government the number of dwellings per development which have sought planning permission from their respective local authorities but cannot proceed to development due to the fact Irish Water is not in a position to permit a connection to the respective public sewers in each local authority, in tabular form. [8798/18]

View answer

Written answers

While planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website at the following link: http://www.housing.gov.ie/planning/statistics/planning-statistics-1, my Department does not gather or publish the information sought by the Deputy.

Irish Water is focused on growth activities supporting economic development, including supporting housing development, through investment in the network and treatment plants in respect of water and waste water. Developers are encouraged to contact Irish Water with a pre-connection enquiry as early as possible in their project. The pre-connection enquiry process enables a developer to obtain upfront knowledge of whether a connection is technically feasible or not, as well as an indication of the works required to facilitate the connection. Irish Water also engages with planning authorities in prioritising infrastructure in support of housing development and delivering this in the shortest possible time.   

Housing Adaptation Grant Data

Questions (614)

Jan O'Sullivan

Question:

614. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 670 of 13 February 2018, the funding allocated to each local authority for council tenants under the housing adaption grant scheme for older persons, in tabular form; and if he will make a statement on the matter. [8800/18]

View answer

Written answers

My Department provides funding under the disabled persons grant, DPG, scheme to local authorities for adaptations and extensions to the existing social housing stock to meet the needs of local authority tenants. The scheme applies to adaptations that are necessary to address the needs of older people or people with a disability who may require stair-lifts, grab-rails, showers, wet-rooms or ramps etc. My Department also provides funding for extensions that might arise in relation to overcrowding or to facilitate the installation of a downstairs bedroom or bathroom. 90% of the cost is provided by my Department, with local authorities covering the remaining 10% from within their own resources.

The funding provided by my Department to local authorities for the scheme in 2017 is set out below:

Local Authority

Expenditure (€)

Carlow County Council

417,351

Cavan County Council

406,099  

Clare County Council

545,234

Cork City Council

2,521,106

Cork County

845,634

Donegal County Council

304,047

Dublin City Council

1,897,701

Dun Laoghaire/Rathdown County Council

454,678

Fingal County Council

255,253

Galway City

38,389

Galway County Council

346,344

Kerry County Council

325,857

Kildare County Council

765,384

Kilkenny County Council

314,792

Laois County Council

100,645

Leitrim County Council

79,447

Limerick City and County Council

602,628

Longford County Council

26,479

Mayo County Council

337,090

Meath County Council

239,286

Monaghan County Council

143,227

Offaly County Council

289,365

Roscommon County Council

11,507

Sligo County Council

500,222

South Dublin County Council

511,758

Waterford City and County Council

321,239

Westmeath County Council

149,787

Wexford County Council

404,482

Total

13,155,034

National Monuments

Questions (615, 618)

Thomas Byrne

Question:

615. Deputy Thomas Byrne asked the Minister for Culture, Heritage and the Gaeltacht her plans to increase amenities on the Hill of Tara; and her views on the lack of parking and other vital services at this location. [8090/18]

View answer

Thomas Byrne

Question:

618. Deputy Thomas Byrne asked the Minister for Culture, Heritage and the Gaeltacht when a report that was commissioned by her Department on the conservation and management of the Hill of Tara will be published; and her views on whether there is a need for increased services, for example, more parking and toilet facilities at this location. [8125/18]

View answer

Written answers

I propose to take Questions Nos. 615 and 618 together.

I refer the Deputy to my reply to Parliamentary Question No. 69 on 23 January 2018.

Turf Cutting Compensation Scheme Applications

Questions (616)

Michael Healy-Rae

Question:

616. Deputy Michael Healy-Rae asked the Minister for Culture, Heritage and the Gaeltacht the status of an application by a person (details supplied) to cut their bog; and if she will make a statement on the matter. [8239/18]

View answer

Written answers

An application for compensation under the cessation of turf cutting compensation scheme has been received by my Department from the individual referred to in the Deputy’s Question. With respect to 36 raised bog natural heritage area sites, the qualifying criteria for the scheme are that:

- The applicant must have had a legal interest (ownership or a turbary right (right to cut turf)) in one of these sites on 25 May 2010 and must have had the right to cut and remove turf from the property on that date;

- The applicant must have been cutting turf on the land in question during the relevant five year period up to 14 January 2014;

- The turf resource on the site has not been exhausted; and

- No turf cutting or associated activity is ongoing on the property.

My Department is examining the application in view of the qualifying criteria for the scheme. I am advised that contact has recently been made with the applicant with a view to establishing the bog plot that he was cutting on. My Department will be in a position to further process the application when this information is received.

Deer Culls

Questions (617)

John Brassil

Question:

617. Deputy John Brassil asked the Minister for Culture, Heritage and the Gaeltacht the status of a deer management plan for Killarney National Park, County Kerry; and if she will make a statement on the matter. [8101/18]

View answer

Written answers

I refer the Deputy to the Topical Issues debate on this matter in this House on Wednesday last, 14 February. As part of its regular on-going management operations, the Department carries out localised annual deer counts on State lands, when appropriate.

Deer have the potential to impact significantly on woodlands, including the iconic yew, oak and also wet woodlands, within the Park, e.g. by bark stripping of mature trees and preventing regeneration.

The Department commissioned a comprehensive survey and report in the winter of 2016 on the distribution, population density and population structure of red deer and sika deer in KNP. The study found that the total estimated red deer density over the entire study area of 13.64km2 was some 708 deer.

A further census of areas of the park was commissioned by NPWS Southern Division and conducted in spring 2017.

As part of the Department’s ongoing proactive management of the habitats and species in Killarney National Park, during 2018 it is proposed to conduct a Killarney National Park Deer Census. This work will be undertaken by external specialists. It is hoped to initiate this process shortly.

Question No. 618 answered with Question No. 615.

National Parks

Questions (619)

John Brassil

Question:

619. Deputy John Brassil asked the Minister for Culture, Heritage and the Gaeltacht the progress that has been made to control the spread of rhodedendron in Killarney National Park; and if she will make a statement on the matter. [8129/18]

View answer

Written answers

My Department is committed to tackling the spread of invasive species in Killarney National Park, most particularly Rhododendron ponticum,the control of which is difficult, costly, and labour intensive. The Deputy will be aware that my Department has, for many years, pursued a very vigorous multi-faceted approach to the control of rhododendron in Killarney National Park.

The strategy and programmes forming our approach to tackling this invasive species are based upon sound science and are subject to monitoring, periodic review and adaptation. The Department is committed to continuing this work with ongoing monitoring and review importantly ensuring it is informed by scientific basis. In 2017 the Department spent nearly €300k, a significant portion of its national budget, on the eradication of rhododendron in Killarney National Park.

The Department has in its employ a number of specialist staff who advise and report on the Rhododendron management in Killarney National Park. In the past, approximately 3,000 of the over 10,000 hectares in Killarney National Park were, to some extent, affected. The Department remains of the opinion that the existing management programme has made significant inroads into the problem with approx. 2,000 of the 3,000 hectares, involving some 40 different sites, under effective control.

The on-going programme of works, at this time, is comprised of four primary elements;

1. the initial clearance and follow-up maintenance work by contractors;

2. on-going maintenance work by volunteers and students;

3. a Rhododendron eradication management contract; and,

4, on-going work by NPWS staff including co-ordination, research, and monitoring.

National Parks and Wildlife Service Staff

Questions (620)

John Brassil

Question:

620. Deputy John Brassil asked the Minister for Culture, Heritage and the Gaeltacht her views on whether staffing levels are adequate to manage the spread of rhododendron and control deer numbers in Killarney National Park; and if she will make a statement on the matter. [8137/18]

View answer

Written answers

Management of invasive species such as Rhododendron Ponticum and management of deer within Killarney National Park are two of a large number of actions and interventions carried out by field staff of my Department on an ongoing basis. Of my Department’s total staff, I understand that some 330 work in the area of natural heritage through the National Parks and Wildlife Service (NPWS) of my Department.  In addition, my Department takes on in the region of 70 seasonal staff during the year to assist the NPWS. Frontline conservation Rangers are deployed through a regional structure and assignments are determined in light of Departmental business needs and priorities.

Staffing levels across my Department are kept under regular review in line with emerging business needs and Government policy on public sector pay and staffing as advised by the Department of Public Expenditure and Reform.   Within this staffing context, in addition to conservation management work such as the activities mentioned by the Deputy, officials of my Department carry out scientific research, survey work and monitor compliance with national and European law in relation to nature conservation across the country. They conduct patrols and site visits to enforce the various provisions of national and EU legislation, as required, and many of these officers carry out work in more than one county. They also investigate, for example, reports of breaches of legislation including illegal snaring or ‘digging out’ of badgers, as well monitoring compliance at coursing events etc.

With specific regard to the issues of  rhododendron and  deer management raised by the Deputy, my Department is committed to addressing such activities and has robust management programmes in place. Killarney National Park is managed on an ongoing and proactive basis by experienced NPWS regional management, in line with IUCN principles, the Wildlife Act and EU Law with regard to habitats and species. 

 My Department has for many years pursued a very vigorous multi-faceted approach to the control of Rhododendron in Killarney National Park. The strategy and programmes forming our approach to tackling this invasive species are based upon sound science and are subject to monitoring, periodic review and adaptation. The Department is committed to continuing this work with ongoing monitoring and review importantly ensuring it is informed by scientific basis. In 2017 the Department spent nearly €300,000, a significant portion of its national budget, on the eradication of rhododendron in Killarney National Park.

The Department has in its employ a number of specialist staff - including one person specifically dedicated full time to its rhododendron management programme - who advise and report on the rhododendron management in Killarney National Park. In the past, approximately 3,000 of the over 10,000 hectares in Killarney National Park were, to some extent, affected. The Department remains of the opinion that the existing management programme has made significant inroads into the problem with approximately. 2,000 of the 3,000 hectares, involving some 40 different sites, under effective control.

 The on-going programme of works, at this time, is comprised of four primary elements:

1. the initial clearance and follow-up maintenance work by contractors;

2. on-going maintenance work by volunteers and students;

3. a Rhododendron eradication management contract; and,

4. on-going work by NPWS staff including co-ordination, research, and monitoring.

 With regard to deer, the Deputy will be aware that my Department staff proactively manage the deer population within the National Park on an ongoing basis as part of their regular, routine conservation management practices. There is a significant challenge in attempting to balance the demands of agriculture, forestry and conservation with the need to ensure that deer populations occupying the same land resources are managed at sustainable levels, and in a responsible and ethical manner. Ultimately, however, where deer species are increasing in range and numbers, depending on the annual count and instances of damage caused by deer to habitats (especially woodland), culls need to be carried out to ensure that deer populations do not reach levels that would have negative ecological consequences. The Deputy will be aware my Department’s regional NPWS staff have conducted several such culls in recent years.

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