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Tuesday, 13 Nov 2018

Written Answers Nos. 601-617

Local Electoral Area Boundary Committee Report

Questions (601, 612)

James Browne

Question:

601. Deputy James Browne asked the Minister for Housing, Planning and Local Government his plans to sign off on the report of the local electoral area boundary committee; and if he will make a statement on the matter. [46465/18]

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Robert Troy

Question:

612. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government when he plans to sign off on the recommendations of the boundary commission in advance of the 2019 local elections. [46660/18]

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Written answers

I propose to take Questions Nos. 601 and 612 together.

I established two independent Local Electoral Area Boundary Committees on 13 December 2017 to review and make recommendations on local electoral areas having regard to, among other things, the results of Census 2016 as well as the commitment to consider reducing the size of territorially large local electoral areas as set out in A Programme for Partnership Government (May 2016). The two Committees reported to me on 12 June 2018 and now stand dissolved.

On foot of the two reports, orders are currently being prepared within my Department under section 23 of the Local Government Act 2001 to give effect to the Committees' recommendations in relation to local electoral areas. It is anticipated that these orders will be signed later this year. The local electoral areas to be specified in these orders, and the number of members to be elected for each electoral area, will apply at the next local elections which are due to be held in late May 2019 in tandem with the elections for the 2019-2024 European Parliament.

Question No. 602 answered with Question No. 600.

Ministerial Meetings

Questions (603)

Micheál Martin

Question:

603. Deputy Micheál Martin asked the Minister for Housing, Planning and Local Government the policy on the need for note taking when Ministers and-or Ministers of State meet business and other leaders; the way in which this policy is outlined; and if he will make a statement on the matter. [46494/18]

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Written answers

It is standard procedure within my Department (and in line with good practice as set out in the Register of Lobbying’s published Guidance for Designated Public Officials) to maintain good record keeping habits and to note important communications regarding official business and to take notes of meetings.

Notes of meetings held by me or my Department’s Ministers of State with persons who may come within the definition of lobbyist under the Regulation of Lobbying Act 2015 are to be taken using an agreed template. An Office Notice was issued to all officials and Designated Public Officials in my Department outlining the arrangements in relation to recording Ministers’ meetings with lobbyists and is readily available to all staff on my Department’s intranet.

Planning Investigations

Questions (604)

Eoin Ó Broin

Question:

604. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government when he plans to publish the findings of the Mulcahy report. [46502/18]

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Written answers

The Review Into Certain Planning Matters In Respect Of Donegal County Council, by Mr. Rory Mulcahy S.C., was received by my Department in June, 2017.

Following initial analysis and assessment of the report’s findings and recommendations, including interaction with the Department’s own legal advisers and the Attorney General’s Office, a comprehensive set of queries and a request for advice in relation to certain matters, including potential dissemination or publication of the report, was submitted to the Attorney General's Office.

Following the receipt of the Attorney's advice on 31 July 2018, officials in my Department have considered the matter further and prepared a submission for my consideration in respect of, inter alia, the issue of publication or dissemination of the report. Once I have concluded my deliberations, I will be in a position to make a further statement.

Social and Affordable Housing

Questions (605)

Michael McGrath

Question:

605. Deputy Michael McGrath asked the Minister for Housing, Planning and Local Government when he plans to commence the Housing (Miscellaneous Provisions) Act 2009 to allow purchasers under the new affordable dwelling purchase arrangements to remortgage or top-up their mortgages without triggering the clawback; and if he will make a statement on the matter. [46515/18]

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Written answers

I refer to the reply to Questions Nos 2716 and 2719 of 24 July 2018, which sets out the position on this matter.

Social and Affordable Housing

Questions (606)

Brendan Griffin

Question:

606. Deputy Brendan Griffin asked the Minister for Housing, Planning and Local Government his views on a matter (details supplied); and if he will make a statement on the matter. [46525/18]

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Written answers

The broad programme of social housing delivery being undertaken by local authorities includes a limited number of challenging projects to meet specific and often unique needs relating to family and other personal circumstances. In such difficult and specific projects, notwithstanding efforts to contain costs, higher level of costs can arise, which are considerably above the level of costs ordinarily encountered for new social housing delivery.

Social and Affordable Housing Data

Questions (607)

Catherine Murphy

Question:

607. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the number of persons on housing waiting lists in each of the years 2014 to 2017, by local authority and by household size, that is, the number of bedrooms required; and if he will make a statement on the matter. [46529/18]

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Written answers

Details on the number of households qualified for social housing support in each local authority area are provided in the statutory Summary of Social Housing Assessments (SSHA). The most recently conducted SSHA, carried out in June 2018, details the number of households on all local authority waiting lists as at 11 June 2018 (the count date).

The SSHA has been conducted on an annual basis since 2016 prior to which it was carried out on a tri-annual basis with the last of the tri-annual exercises being conducted in 2013. My Department does not hold records for 2014 or 2015 as requested by the Deputy.

It should be noted that the SSHA is a point in time exercise and does not necessarily reflect the dynamic nature of entry to and exit from the list. The relevant reports for 2016 and 2017 are set out in the following links. Also included is the most up to date report, which was published in September 2018.

2016 Report:

https://www.housing.gov.ie/sites/default/files/publications/files/summary_of_social_housing_assessments_2016.pdf .

2017 Report:

https://www.housing.gov.ie/sites/default/files/publications/files/sha_summary_2017.pdf.

2018 Report:

https://www.housing.gov.ie/sites/default/files/publications/files/summary_of_social_housing_assessments_2018_-_key_findings.pdf.

The SSHA captures details of household composition and can be found in Table A1.4 in these reports. It should be noted that 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 2009 Act requires all local 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, the allocation of which would, in the opinion of the authority, meet the accommodation needs and requirements of the households.

The manner in which the allocation process is managed is a matter for the relevant local authority concerned.

Local Authority Housing Provision

Questions (608)

Eoin Ó Broin

Question:

608. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the one-stage approval process for local authority social housing is now available for developments up to the value of €7 million; and the way in which this process works. [46573/18]

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Written answers

A single-stage approval process continues to apply to local authority social housing construction projects with a budget up to €2m or up to 15 homes. This encompasses a significant proportion of the social housing construction programme of local authorities, representing approximately 40% of construction projects, 10% of the value and 11% of the units across capital funded schemes.

While the uptake to date by the local authorities has not been as strong as expected, my Department is working with the local government sector to encourage and increase the submission of suitable projects through this process, albeit that the time saving arising through using the singe stage approval process is modest, as most of the time in advancing a new social housing construction project arises from activities (including design, the Part 8 planning process and procurement) that apply equally to projects under the single or four stage processes.

The issue of increasing the financial threshold for projects that can avail of the one stage approval process is currently being considered as part of the review of the Public Spending Code, which is being led by the Department of Public Expenditure and Reform.

Homelessness Strategy

Questions (609)

Thomas P. Broughan

Question:

609. Deputy Thomas P. Broughan asked the Minister for Housing, Planning and Local Government if legislation will be introduced to place an upper time limit on the use of family hubs or unsuitable emergency accommodation for families in view of the fact that prolonged exposure to homelessness increases a person's chance of experiencing it again in the future; and if he will make a statement on the matter. [46588/18]

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Written answers

The Rebuilding Ireland Action Plan on Housing and Homelessness provides for measures to address the high number of households and families in emergency accommodation. These include the delivery of increased social housing supply through new-build, acquisition and refurbishment schemes and independent tenancies for homeless households in the private rented sector through housing supports such as Housing Assistance Payment.

As part of the response to the commitment contained in Rebuilding Ireland that commercial hotels and B&B's would only be used as emergency accommodation for homeless families in limited circumstances, housing authorities are delivering a number of family-focused, supported temporary accommodation facilities, or family hubs. This type of emergency accommodation provides a more secure and stable placement for families than is possible in hotels and B&B's. They are not a long term housing solution and families are progressed into homes provided under longer term social housing supports, as these are secured. Services such as hubs, where on-site supports are provided, have higher rates of moves to tenancies than other forms of emergency accommodation.

As part of their Service Level Agreements with local authorities, service providers must work actively with families to support them in accessing long term housing via the private rented sector (HAP), local authority housing or an Approved Housing Body tenancy.

In relation to the Deputy's specific query, I do not intend to introduce legislation mandating an upper term limit for families in family hubs. Housing authorities will, however, continue to work hard to ensure the progression of homeless families into independent tenancies, as quickly as possible.

Water Charges

Questions (610)

Eoin Ó Broin

Question:

610. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if categories of properties (details supplied) are liable for commercial water charges. [46592/18]

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Written answers

Since 1 January 2014, Irish Water has been assigned statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. The Water Services (No. 2) Act 2013 provides that Irish Water shall collect charges from its non-domestic customers in receipt of water services provided by it in accordance with a Water Charges Plan, to be approved by the Commission for Regulation of Utilities (CRU). Water customers are broadly classified as domestic and non-domestic customers. Water charges no longer apply to domestic customers of Irish Water with the exception of legal provision for charges in respect of excessive use. In relation to non-domestic customers, the Water Charges Plan currently in operation states that a non-domestic premises, “means a Premises in which Water Services are used for Non-Domestic Purposes, defined in the Water Services Act 2007 as (a) agriculture or horticulture, (b) any trade, industry or business, (c) any purpose incidental to a household or private garden if the water is drawn otherwise than from a tap inside the household or if a hosepipe or other similar apparatus is used, (d) central heating other than the central heating of a household; (e) apparatus depending while in use upon a supply of continuously running water, not being an apparatus used solely for heating water.” In accordance with the Water Services Acts 2007 to 2017, therefore, all water services supplied by Irish Water to non-domestic premises used for the provision of short term accommodation, such as B&Bs, hotels and self-catering accommodation, may be subject to a charge in line with the current Water Charges Plan applied by Irish Water.

Social and Affordable Housing Data

Questions (611)

Eoin Ó Broin

Question:

611. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of social homes to be delivered per year from 2022 up to the end of the National Development Plan 2018-2027 by build, acquired and leased, respectively. [46628/18]

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Written answers

Details of social housing targets, broken down by individual local authority, across build, acquisition and leasing, for the period 2018 to 2021 are available on the Rebuilding Ireland website at the following link:

http://rebuildingireland.ie/news/minister-murphy-publishes-social-housing-delivery-targets-for-local-authorities-2018-2021/.

The breakdown of social housing targets for the period beyond 2021 is not yet available but the targets will reflect the blend of delivery methods and approaches required to deliver on the targets set out in the National Development Plan 2018-2027, which provides for the delivery of 112,000 new social homes over the next decade. These 112,000 new social homes will be delivered through a range of mechanisms, including build, long term leasing and acquisitions.

It should be noted that the delivery of the 112,000 new social housing homes over the next decade does not include housing supports that will be provided to households under the Housing Assistance Payment (HAP) Scheme or the Rental Accommodation Scheme (RAS), which will continue to offer additional flexible solutions to meet housing need.

Question No. 612 answered with Question No. 601.

Social and Affordable Housing Funding

Questions (613, 615)

Eamon Ryan

Question:

613. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government if finance (details supplied) is available for Dublin City Council to develop the Poolbeg strategic development zone, SDZ, fully without entering into a public-private development partnership. [46662/18]

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Eamon Ryan

Question:

615. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government the number of affordable housing units to be built that will be for purchase; and the number that will be affordable cost-rental properties for rent in view of the comments made by the Minister of State with special responsibility for local government and electoral reform during a Topical Issue debate on 24 October 2018 (details supplied). [46664/18]

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Written answers

I propose to take Questions Nos. 613 and 615 together.

In May 2016, the Government designated Poolbeg West as a Strategic Development Zone (SDZ) because of its potential to deliver a large proportion of the extra homes needed in the centre of Dublin. This was followed by the publication for consultation by Dublin City Council of a detailed planning scheme for the area. The Council prepared a draft planning scheme which was considered by the elected members of the Council in May 2017. As a statutory consultee for that process, my Department highlighted the importance of the planning scheme, addressing a variety of housing needs and relevant matters.

I and my Department remain committed to working with the City Council, any relevant approved housing bodies (AHBs) and either the receiver and/or developers of the SDZ area in order to secure additional social and affordable housing from this site over and above Part V obligations and of the order of magnitude laid out in the adopted planning scheme, but subject to agreement on all the normal and relevant terms, including value for money aspects.

It is my Department's understanding that the receiver is engaging with Dublin City Council with a view to advancing an approach that would both better enable the orderly development of this strategic but complex city location and to assist in delivering much needed additional social housing. My Department stands ready to support such initiatives, subject to observance of all the normal value-for-money, procurement and wider legal aspects.

It should be noted that there is currently an appeal to An Bord Pleanála in relation to the Poolbeg SDZ planning scheme. The progress of development of the site will be dependent significantly on the nature and timing of the decision of the Board. Accordingly, I am not in a position to comment on the matter at this time.

Social and Affordable Housing

Questions (614)

Eamon Ryan

Question:

614. Deputy Eamon Ryan asked the Minister for Housing, Planning and Local Government the decision making process from inception to delivery for the development by public-private partnership of new housing in instances (details supplied); and the decisions taken by him, the local housing authority chief executive or his officials and by the elected councillors. [46663/18]

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Written answers

The specific development referred to is being undertaken by South Dublin County Council as a joint venture development of 975 homes on 72 acres of council lands.

The plan to develop the site, including the selection of the preferred bidder, was discussed at a Council meeting in early October and the Section 183 motion to dispose of the land to the approved bidder was agreed. The successful bid was by Adwood Ltd, a consortium of established Dublin builders Adroit and Maplewood. Adwood Ltd. will make a financial payment to the Council and deliver 294 social housing units at competitive rates over four years.

As much of the master planning and pre-planning studies have been completed, Adwood Ltd. has committed to securing planning and being on site by early summer of 2019. This project is being led by South Dublin County Council directly. State support of €2m is being provided by my Department through the Local Infrastructure Housing Activation Fund (LIHAF), on foot of which the developer has committed to deliver 50 units at prices discounted to the market.

In general, for the Social Housing PPP Programme of 3 Bundles of sites that is currently under procurement by my Department, there are robust governance arrangements put in place to oversee implementation. These follow guidelines as set out by the Department of Public Expenditure and Reform.

For each PPP Programme there is a Sanctioning Authority, and in the case of the Social Housing PPP programme, my Department fulfils that role. The Sanctioning Authority is responsible for approving expenditure on the programme. A Sponsoring Agency is also appointed which prepares the Output Specification, the Public Sector Benchmark, which is an assessment of cost of delivering the project through traditional public sector means and in the initial stages ensures that the project is in line with the budget specified.

In relation to the Social Housing PPP programme the leading local authority with the greatest number of projects in each bundle is given the task of acting as the Sponsoring Agency on behalf of all the local authorities involved. In the case of Bundle 1 the Sponsoring Agency is Dublin City Council (DCC), and for Bundle 2 this role is being undertaken by Cork County Council (CCC). A Sponsoring Agency will be nominated for Bundle 3 once the potential sites for that Bundle are identified.

The National Development Finance Agency acts as financial advisers to the programme and is also responsible for the procurement and administration of the PPP up to completion of the project and handover to the relevant local authority. A Process Auditor is appointed for each Bundle and is responsible for checking that proper procedures and processes have been followed and providing assurance to the Accounting Officer of the Department that the procedures have been adhered to.

As part of the governance arrangements each Bundle has a Project Board which is made up of representatives from the Sanctioning Authority, the Sponsoring Agency, the other relevant local authorities, and the NDFA. It is responsible for providing the leadership to keep the project on track and to maintain governance over what is a complex process. It is also responsible for determining at each stage whether the Project continues to constitute value for money and whether it can proceed to the next stage, subject to the agreement of the Sanctioning Authority.

In addition, councillors in each local authority must agree to grant planning approval for each PPP development based on the initial designs as drawn up by the project's advisors in conjunction with local authority officials. The Part 8 planning process used for this purpose involves a vote being taken on each individual site by the relevant council, following the publication of the plans by the local authority.

Securing value for money (VfM) is an overarching concern throughout the PPP procurement process and the Central PPP Unit in the Department of Public Expenditure and Reform provides guidance in relation to PPP projects to achieve this objective. The guidance sets out four specific VfM tests that are applied in the case of PPPs over the course of the planning and procurement process. These tests focus on assessing whether or not the PPP approach compares favourably with the alternative cost of using traditional procurement to achieve the same result. The purpose, sequence and format of the four VfM tests in the PPP approval process are set out clearly in the central PPP guidelines.

The first VfM test is carried out when the preliminary appraisal of a Programme is being undertaken. This initial analysis assesses whether the programme has potential to deliver through the PPP model and achieve value for money.

The second test includes the preparation of the comprehensive Public Sector Benchmark (PSB) by the NDFA, which represents the full estimated life costs of procuring the project using traditional public sector procurement methods. All inputs used in the compilation of the PSB are reviewed and approved by the Department. The Contracting Authority (DCC or CCC) then compiles the second VfM test, which uses the costings in the PSB to confirm that the project should still proceed as a PPP, and that the additional cost of private finance is justified. This was undertaken and approved by the Department in December 2017 for Bundle 1, and July 2018 for Bundle 2.

The third VfM test involves confirming that the tender that rated highest in the tender evaluation process has the potential to achieve value for money for the State. This is done by comparing the cost of the highest-rated tender to the PSB. This was completed in September 2018 for Bundle 1, which led to the appointment of the Preferred Tenderer, and will be completed for Bundle 2 in due course.

The fourth test is undertaken immediately before financial close and the signing of the PPP contract. This updates the third VfM test with any changes that may have occurred during the Preferred Tender stage of the procurement process, in order to confirm that the winning bid continues to represent Value for Money.

Question No. 615 answered with Question No. 613.

Regeneration Projects

Questions (616, 618)

Mattie McGrath

Question:

616. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government if, under the Planning and Development Act 2000, he has given consideration to a strategic development zone in south and west County Tipperary to help tackle deprivation and to attract small-scale job creation in towns such as Tipperary town and Carrick-on-Suir (details supplied); the measures he will implement to help tackle social deprivation in these areas; and if he will make a statement on the matter. [46680/18]

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Mattie McGrath

Question:

618. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government his plans to establish a task force in conjunction with Tipperary County Council to lead a successful regeneration plan for Tipperary town and west County Tipperary; and if he will make a statement on the matter. [46724/18]

View answer

Written answers

I propose to take Questions Nos. 616 and 618 together.

The future planning and development of Tipperary town and surrounding areas is a matter primarily for Tipperary County Council. Under the Local Government Act 2014, local authorities have a range of powers in respect of promoting economic development within their administrative areas.

In this regard, I understand that Tipperary County Council formulated and adopted a Local Economic and Community Plan (LECP) in February 2016. The Tipperary LECP puts in place policies and actions to tackle both economic and social development issues and was developed in consultation with key stakeholders as well as the broader community and business interests, and has taken into account relevant national, regional and local policies. Separate but complementary to this, Tipperary County Council have established a Local Enterprise Office to support the promotion of small and medium sized firms.

Taking account of the above and in view of the powers conferred on local authorities under the Local Government Act 2014, the establishment of a taskforce, if appropriate, is a matter for Tipperary County Council.

Under Section 165 of the Planning and Development Act 2000 (as amended), it is a matter for a development agency, generally a local authority, to put forward areas that they consider to be of strategic economic and social importance to the State for designation as a Strategic Development Zone. I have received no proposal in respect of a possible Strategic Development zone in South Tipperary.

Housing Estates

Questions (617)

Jackie Cahill

Question:

617. Deputy Jackie Cahill asked the Minister for Housing, Planning and Local Government the number of housing estates that are not taken in charge in County Tipperary; the names of these estates; the number of houses in each estate; and if he will make a statement on the matter. [46723/18]

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Written answers

Under Section 180 of the Planning and Development Act 2000 (as amended) it is a matter for the relevant Planning Authority to take a development in charge. Taking in charge is an iterative process and the number of developments in any given local authority area is subject to ongoing change as new developments commence, while other developments progress and move towards the completion phase, and then become the subject of applications to be taken in charge under Section 180 of the Act.

My Department does not hold current data on a year to year basis regarding developments that are to be taken in charge and such data is a matter for the relevant local authority.

However, an initial national baseline survey carried out in December 2015 indicated that, in respect of County Tipperary, there were 295 developments that were not in the charge of the local authority at that time and that 96 of these were the subject of a valid taking in charge application.

Details of this initial baseline survey are available on my Department's website at the following link:

https://www.housing.gov.ie/sites/default/files/publications/files/initiative_to_accelerate_taking_in_charge_of_residential_estates_-_initial_list_0.pdf.

On foot of this initial survey, my Department launched the National Taking-in-Charge Initiative (NTICI) in April 2016 to trial new approaches and working methods in supporting and accelerating overall national and local action on the process for taking-in-charge housing estates. Under the terms of the NTICI, which was underpinned by €10 million in funding, developments subject to valid taking-in-charge applications were eligible for funding for demonstration projects to inform the development of proposals for streamlining of the taking-in-charge process.

Ultimately, €7.5 million of the allocated funding was paid to local authorities in respect of the taking in charge of 330 developments, containing some 14,930 homes and this funding mechanism is now closed. Tipperary received €521,296 in funding for 15 developments, all of which have since been taken in charge.

Findings and recommendations from the NTICI process will be included in a report, which my Department intends to publish shortly and which I believe will be of considerable value to local authorities and other stakeholders in applying the lessons from the pilot programme in a more general roll-out of a more streamlined approach to taking-in-charge. The report will provide an update of the data for 2018 and it is anticipated that it will demonstrate a substantial reduction in the number of developments remaining to be taken in charge within County Tipperary.

Ultimately, however, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities, following the procedures laid out in Section 180 of the Planning and Development Act.

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