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Tuesday, 16 Jun 2020

Written Answers Nos. 1055-1079

Tenant Purchase Scheme

Questions (1055)

Michael Healy-Rae

Question:

1055. Deputy Michael Healy-Rae asked the Minister for Housing, Planning and Local Government if he will address a matter (details supplied) regarding housing; and if he will make a statement on the matter. [10710/20]

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Written answers

The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum and having been in receipt of social housing support for at least one year.

The Housing (Sale of Local Authority Houses) Regulations 2015 governing the Scheme provides for a number of specified classes of houses to be excluded from sale, including houses provided to local authorities under Part V of the Planning and Development Act 2000 as amended, houses specifically designed for older persons, group Traveller housing and houses provided to facilitate people with disabilities transferring from institutional care to community-based living.

Local authorities may, within the provisions of the Regulations, exclude certain houses which, in the opinion of the authority, should not be sold for reasons such as proper stock or estate management. It is a matter for each individual housing authority to administer the Scheme in its operational area in line with the over-arching provisions of the governing legislation for the scheme, and in a manner appropriate to its housing requirements. 

Housing Assistance Payment

Questions (1056, 1057, 1061)

Eoin Ó Broin

Question:

1056. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the expenditure on HAP in 2019. [10752/20]

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Eoin Ó Broin

Question:

1057. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the expenditure on RAS in 2019. [10753/20]

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Eoin Ó Broin

Question:

1061. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the annual expenditure on HAP for each year that the payment has been in operation; and the amount spent to date in 2020 on HAP in tabular form. [10827/20]

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Written answers

I propose to take Questions Nos. 1056, 1057 and 1061 together.

The Housing Assistance Payment (HAP) is a flexible and immediate housing support that is now available to all eligible households throughout the State. The HAP scheme plays a vital role in housing eligible families and individuals, at the end of Q4 2019, over 71,000 HAP tenancies had been set-up since the scheme commenced, of which there were more than 52,500 households actively in receipt of HAP support.

The HAP scheme is funded through a combination of Exchequer monies and tenant differential rents collected in respect of HAP tenancies. The provisional Exchequer outturn for the HAP scheme in 2019 was €382 million. This allowed for the continued support of existing HAP households and also to enable an additional 16,760 households targeted under Rebuilding Ireland to be supported by HAP in 2019, as well as supporting the on-going roll-out of the HAP Place Finder Support Service across the country. The actual number of HAP tenancy setups in 2019 was 17,025.

Budget 2020 increased the Exchequer funding for the HAP scheme to €497.7 million. This will enable a further 15,750 households to be supported, as well as continuing support for the over 52,500 existing HAP tenancies in place at end 2019.

Exchequer funding for HAP for the period 2014 - 2020 is set out in the following table:

Year

No. of Local Authorities operating HAP Scheme

Outturn€M

2014

7

0.394

2015

18

15.64

2016

28

57.69

2017

31

152.69

2018

31

276.6

2019

31

382

2020

31

178.5 (to end May)

The Rental Accommodation Scheme (RAS) was introduced in 2005 to meet the accommodation needs of people in receipt of Rent Supplement for 18 months or longer, and who were assessed as having a long-term housing need.

At the end of 2019, 18,154 households were supported by RAS and expenditure on the scheme in 2019 was just under €144.3m. Data for the years 2011 to 2019 on the number and cost of tenancies funded under the RAS scheme is available on my Department's website at the following link: www.housing.gov.ie/housing/social-housing/social-and-affordble/overall-social-housing-provision.

Homeless Accommodation

Questions (1058)

Eoin Ó Broin

Question:

1058. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of households which were recorded on the PASS system as in own door accommodation in each reference week in the first four months of 2020. [10754/20]

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Written answers

My Department currently publishes data on a monthly basis on the number of homeless persons accommodated in emergency accommodation funded and overseen by housing authorities.  These reports are based on data provided by housing authorities, produced through the Pathway Accommodation & Support System (PASS).  The reports are collated on a regional basis and are published on my Department's website.

The monthly homelessness report includes details of individuals, families and the dependants of these families who accessed emergency accommodation during the relevant count week of the month in question.  The report also includes information on the accommodation relating to adults in emergency accommodation. The categories included are: Private Emergency Accommodation; Supported Temporary Accommodation; Temporary Emergency Accommodation; and Other.  My Department does not hold any other  details on any other category of accommodation. 

House Purchase Schemes

Questions (1059)

Catherine Murphy

Question:

1059. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government his plans to extend to first-time buyers the incentives and assistance to persons seeking to purchase a home that is not a new build; and if he will make a statement on the matter. [10764/20]

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Written answers

The statutory basis for the delivery of affordable housing for purchase in the State is Part 5 of the Housing (Miscellaneous Provisions) Act 2009, which I commenced in June 2018. Regulations in respect of the making of a Scheme of Priority were signed in March 2019, and were subsequently issued to local authorities.  The Scheme of Priority sets out the affordable purchase arrangements at local authority level, including the methodology to be applied by local authorities to determine the order of priority to be accorded to eligible households where demand exceeds supply.  Further regulations are currently being drafted regarding eligibility and other matters.

To support the delivery of the affordable homes that will be made available by local authorities for purchase under the scheme, the Government has made €310 million available under the Serviced Sites Fund (SSF).  This fund sub-vents the cost of facilitating infrastructure and a maximum SSF funding amount of €50,000 is available per affordable home. On this basis, at least 6,200 more affordable homes, to buy or rent, can be facilitated by this measure alone.  This funding is being made available in areas where local authorities have demonstrated a requirement for more affordable housing and the viability to deliver such housing from their sites. To date, funding of €127 million has been approved in principle to provide infrastructural work that will support 35 projects in 14 local authorities, delivering 3,200 homes. 

By its nature, this initiative is centred stimulating the construction of new housing via infrastructure that would otherwise not have taken place and at more affordable levels.  In doing so it will have the secondary benefit of relieving pressures on the wider existing housing market.  There are no plans at present to extend the scope of the scheme to cover existing dwellings.

In relation to social housing, I can confirm that the Tenant (Incremental) Purchase Scheme applies to homes that are not a new build. The scheme is available for eligible local authority tenants for the purchase of existing local authority houses at a discounted price based on the applicant’s income.

A further and longstanding support for people seeking to buy their own home are mortgages provided by local authorities. The current mortgage product being offered is the Rebuilding Ireland Home Loan (RIHL), which was launched on 1 February 2018. The loan enables credit-worthy first-time buyers who cannot access sufficient mortgage finance from a commercial lender, to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range.

The interest rates charged on the loans under the RIHL are as follows:

- Fixed rate for terms up to 25 years 2.745%;

- Fixed rated for terms up to 30 years 2.995%;

Under the Rebuilding Ireland Home Loan, single applicants must not be earning more than €50,000 gross per annum, while the combined income of joint applicants must not be greater than €75,000 gross per annum.

Borrowers may obtain up to 90% of the market value of the property they propose to purchase or build. The purchase or self-build of a property must not exceed the maximum market value applicable for the county in which it is located:

- €320,000 maximum purchase price for properties in Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow (maximum loan amount of €288,000);

- €250,000 maximum purchase price for the rest of the country (maximum loan amount of €225,000)

Funding for new RIHL lending of up to €210 million is in place for 2020.  

Further information on the scheme is available on the following website: www.rebuildingirelandhomeloan.ie.

Rental Sector

Questions (1060)

Robert Troy

Question:

1060. Deputy Robert Troy asked the Minister for Housing, Planning and Local Government if he will address issues by which landlords who were in the process of securing eviction orders against non-conforming tenants have had this process suspended due to Covid-19 (details supplied). [10767/20]

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Written answers

With effect from 27 March 2020, new emergency measures were introduced into law to protect tenants during the COVID-19 emergency period. Rent increases are prohibited and tenants cannot be forced to leave their rental accommodation, other than in exceptional circumstances, during the COVID-19 emergency period. Initially, these emergency laws will last for a period of 3 months, but they may be extended if the Government considers it is necessary.

My Department, in collaboration with the RTB, recently published a Guidance Document on COVID-19 supports for landlords and tenants that sets out the emergency rental measures and income and other supports available to tenants and landlords during the emergency period. The Guidance document is available on the RTB's website at:

https://onestopshop.rtb.ie/images/uploads/general/COVID_Update_Guidance_Document_final.pdf.

and a list of Frequently Asked Questions has been developed and is also available on the RTB's website at:

https://onestopshop.rtb.ie/images/uploads/Comms%20and%20Research/FAQs_on_Emergency_Legislation_Final.pdf.

Tenants are required to continue to observe the normal terms and conditions of their lease including paying rent to their landlord during the COVID-19 emergency period and, in the event of tenants having difficulty doing so, they are encouraged to engage with their landlords at the earliest opportunity. They should also engage with the Department of Employment Affairs and Social Protection (DEASP) as income supports and Rent Supplement are available to assist them. Further information on these supports can be found by calling the DEASP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the DEASP website at:

www.gov.ie/en/organisation/department-of-employment-affairs-and-social-protection/?referrer=https://www.welfare.ie/en/Pages/home.aspx.

Where a notice of termination was served before the emergency period, it cannot take effect until after the emergency period unless the termination was grounded on foot of a breach of tenant obligations and the RTB issue a Determination Order validating the termination to proceed during the emergency period.

A landlord can serve their tenant with a warning notice during the emergency period if their tenant is in rent arrears or otherwise failing to fulfil their obligations. The landlord must give their tenant 28 days, rather than the usual 14 days, from receipt of a rent arrears warning notice to pay the arrears. The longer rent arrears warning notice during the emergency period is intended to afford more time for tenants to seek any necessary income support. A notice of tenancy termination cannot be served by a landlord during the emergency period for any reason.

Section 8 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 provides that tenants who have been legally evicted may remain in their accommodation, while continuing to pay rent and continuing to observe the normal terms and conditions of their lease. However, where the RTB determines a dispute in favour of the landlord, a termination may take place during the emergency period.

The emergency rental measures make no change to the enforcement of RTB determination orders through the courts during the COVID-19 emergency period.

Question No. 1061 answered with Question No. 1056.

Social and Affordable Housing

Questions (1062)

Eoin Ó Broin

Question:

1062. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if the affordable housing regulations being drafted have been completed; if so, when he received them; when they will be published; if they have not been completed, the reason, in view of the fact he indicated in 2019 that they were imminent; and when they will be completed. [10828/20]

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Written answers

Part 5 of the Housing (Miscellaneous Provisions) Act 2009, which was commenced in June 2018, now provides the statutory basis for the delivery of affordable housing for purchase in the State. Regulations in respect of the making of Schemes of Priority and advertising and application procedures were signed on 12 March 2019, and these were issued to housing authorities on 22 March 2019.  The purpose of a Scheme of Priority is to set out the affordable purchase arrangements at housing  authority level.  This includes the methodology that will be applied by housing authorities to determine the order of priority to be accorded to eligible households where the demand for such affordable dwellings exceeds the number available.  

I refer to the reply to Question No.1254 of 13 May 2020 and in line with the legal requirements of Part 5, the remaining required regulations are currently being drafted.  They relate to a number of administrative matters including the form of charging orders, the length of the charged period and the minimum repayment that can be made during the charged period.  Whilst I am advised that the drafting of the Regulations has proven technically demanding, I am happy to assure the Deputy that they will be completed and available to local authorities to accommodate the sales of the first homes to be made available under the new affordable purchase dwelling arrangements which will be delivered in Boherboy Cork City.

Wind Energy Guidelines

Questions (1063)

Aindrias Moynihan

Question:

1063. Deputy Aindrias Moynihan asked the Minister for Housing, Planning and Local Government the status of the publication of the updated wind energy guidelines; the details and outcome of the public consultation which was to be completed at the end of September 2019; and if he will make a statement on the matter. [10829/20]

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Written answers

My Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines in line with the “preferred draft approach” which was announced in June 2017 by the then Minister for Housing, Planning and Local Government, in conjunction with the then Minister for Communications, Climate Action and Environment. The review is addressing a number of key aspects including sound or noise, visual amenity setback distances, shadow flicker, community obligation, community dividend and grid connections.

As part of the overall review process, a strategic environmental assessment (SEA) is being undertaken on the revised Guidelines before they come into effect, in accordance with the requirements of European Union Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, otherwise known as the SEA Directive. SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.

As part of the SEA process, I launched a ten-week public consultation on the draft revised Wind Energy Development Guidelines on 12 December 2019. The documents prepared for consultation are available on my Department's website at the following link: www.housing.gov.ie/guidelines/wind-energy/public-consultation-revised-wind-energy-development-guidelines.

The consultation closed on 19 February 2020. Almost 500 submissions have been received as part of the public consultation, many of which are extremely detailed and technical in nature.  My Department, in conjunction with the Department of Communications, Climate Action and the Environment, is currently analysing the submissions received.

Finalised Guidelines will be prepared following detailed analysis and consideration of the submissions received during the consultation phase, and the conclusion of the SEA process.  When finalised, the revised Guidelines will be issued under section 28 of the Planning and Development Act 2000, as amended.  Planning authorities and, where applicable, An Bord Pleanála, must have regard to guidelines issued under section 28 in the performance of their functions generally under the Planning Acts.  In the meantime, the current 2006 Wind Energy Development Guidelines remain in force.

Departmental Funding

Questions (1064)

Catherine Murphy

Question:

1064. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the stage funding approval for a new bridge for Celbridge, County Kildare, is at; the estimated cost of same; and if he will make a statement on the matter. [10839/20]

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Written answers

The Urban Regeneration and Development Fund (URDF) is a flagship element of Project Ireland 2040.  Under the stewardship of my Department, the Fund was established in 2018 to support more compact and sustainable development, through the regeneration and rejuvenation of Ireland’s five cities and other large towns, in line with the objectives of the National Planning Framework and National Development Plan (NDP). 

In July 2018, bids for URDF funding support were invited from public bodies.  As part of the first tranche of approvals under the Urban Regeneration and Development Fund, Kildare County Council was allocated URDF support of €400,000 towards the advancement of the technical and preparatory element of the Celbridge Southern Relief Road & Second Liffey Crossing.

Kildare County Council recently submitted an application for further funding support for this project under Call 2 of the URDF.  The final date for the submission of applications under Call 2 was Friday 29 May.  The application in question will be considered in due course. 

Planning Issues

Questions (1065)

Catherine Murphy

Question:

1065. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the way in which phasing can be achieved in the absence of approvals which are not in compliance with LAPs in the context of SHDs that deviate from local area plans in seeking higher densities are factored into planning for social and physical infrastructure deficits; and if he will make a statement on the matter. [10840/20]

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Written answers

The Planning and Development (Housing) and Residential Tenancies Act 2016 introduced streamlined arrangements to enable planning applications for Strategic Housing Development (SHD) of 100 housing units or more, to be made directly to An Bord Pleanála for determination. Under this provision, planning applications for SHD may be made only where the proposed development is on land that has already been zoned for residential use, or mixed-use including residential use.

The 2016 Act empowers An Bord Pleanála, where it deems it appropriate, to grant planning permission for SHD development that materially contravenes a county development plan or local area plan, but not where the proposed development would materially contravene a zoning objective of the relevant plan.

The SHD provisions are in line with pre-existing provisions in the Planning and Development Act 2000, as amended, relating to appeals and other cases determined by An Bord Pleanála. Where a planning authority has refused to grant permission for a proposed development because it would materially contravene a local development plan, and in certain other cases where planning applications are made directly to An Bord Pleanála, in specified circumstances An Bord Pleanála may grant planning permission for proposed development that materially contravenes the development plan.

In determining any planning application, An Bord Pleanála is required to have regard, not only to the county development plan and any relevant local area plan, but also to planning guidelines issued by the Minister for Housing, Planning and Local Government, as well as to other relevant Government policies and objectives. Development plans and local area plans are generally drafted and adopted in accordance with national policies and objectives, as well as statutory planning guidelines which are current at the time of their adoption.

However, there can be instances where new Government policies and objectives are adopted after the adoption of a county development plan or local area plan, that may supersede specific local policies in the development plan or local area, and which consequently An Bord Pleanála is required to have regard to in the determination of planning appeals or applications before it.

In determining a SHD application, An Bord Pleanála must consider the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the strategic housing development - including under Section 9(2)(a) Planning and Development (Housing) and Residential Tenancies Act, 2016 having regard to ‘the provisions of the development plan, including any local area plan if relevant, for the area’.

In the granting of a permission for a proposed SHD development under Section 9(4) of the Planning and Development (Housing) and Residential Tenancies Act 2016, An Bord Pleanála may decide to attach such conditions as it considers appropriate. Under Section 9(7), such conditions may be in relation to any of the matters specified in section 34(4) of the Planning & Development Act, 2000 or in relation to points of detail to be agreed between the planning authority and the person carrying out the development.

Section 34(4) of the Planning & Development Act, 2000 specifically includes the opportunity for conditions to be attached to a permission in the nature of:-

- conditions for requiring the carrying out of works (including the provision of facilities) which the planning authority considers are required for the purposes of the development authorised by the permission;

- conditions for determining the sequence and timing in which and the time at which works shall be carried out;

- conditions for requiring the provision of roads, including traffic calming measures, open spaces, car parks, sewers, watermains or drains, facilities for the collection or storage of recyclable materials and other public facilities in excess of the immediate needs of the proposed development, subject to the local authority paying for the cost of the additional works and taking them in charge or otherwise entering into an agreement with the applicant with respect to the provision of those public facilities;

An Bord Pleanála may in this manner, if considered appropriate, attach conditions to a permission for development in relation to the phasing of development proposed in a SHD application, including phasing outlined in the relevant local area plan.

Residential Tenancies Board

Questions (1066)

Bríd Smith

Question:

1066. Deputy Bríd Smith asked the Minister for Housing, Planning and Local Government further to Parliamentary Question No. 1190 of 3 June 2020, if the role of the Residential Tenancies Board includes ensuring that landlords and so on abide by the temporary measures of the emergency legislation such as the temporary ban on all evictions even in situations in which the tenancy would not be covered by the 2004 Act; and if the RTB is obliged to have cognisance of the provisions and consequences of the emergency legislation. [10885/20]

View answer

Written answers

The Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Act 2004 to operate a national tenancy registration system and to resolve disputes between landlords and tenants. Section 3 of the Residential Tenancies Acts 2004 - 2019 provides that those Acts apply to every dwelling the subject of a tenancy, subject to certain exemptions which include situations where the landlord also resides in the building or part of the building concerned. Section 37 of the Residential Tenancies (Amendment) Act 2019 extends the application of the Residential Tenancies Acts, with necessary modification, to certain licences in student-specific accommodation.

Part 2 of the Emergency Measures in the Public Interest (Covid-19) Act 2020 modifies the operation of the Residential Tenancies Act 2004 in respect of the emergency period for all stakeholders including the RTB, tenants and landlords. The 2020 Act does not alter or amend the functions of the RTB under the Residential Tenancies Acts 2004-2019.

Departmental Funding

Questions (1067)

Catherine Murphy

Question:

1067. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government the locations for civic amenity sites funded in each year since 2016; and if he will make a statement on the matter. [10921/20]

View answer

Written answers

Responsibility for national waste policy rests with my colleague, the Minister for Communications, Climate Action and Environment and my Department, therefore, does not collate the data referred to in the Question in relation to civic amenity sites.

Rental Sector

Questions (1068)

Róisín Shortall

Question:

1068. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government the steps he has taken to address the proliferation of short-term lettings in urban areas such as those by a company (details supplied) which is causing great difficulties for persons who need to rent and live in towns and cities; and if he will make a statement on the matter. [10922/20]

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Written answers

As part of the measures to help address pressures in the private housing rental market, new planning legislative reforms to regulate the short term letting sector - as provided for in the Residential Tenancies (Amendment) Act 2019 and supplementary regulations entitled the Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 - came into effect on 1 July 2019.

The reforms are primarily aimed at addressing the impact on the private rental market by the use of residential homes for short term tourism type letting in areas of high housing demand. The provisions aim to return much needed housing supply from the short-term letting sector back to the long-term rental market and apply in areas designated as “rent pressure zones” (RPZs) under the Residential Tenancies Act 2004, as amended.

Under the arrangements applicable in rent pressure zones:

- Short term letting is defined as the letting of a house or apartment, or part of a house or apartment, for any period not exceeding 14 days.

- Homesharing (the letting of a room or rooms in a person’s principal private residence) continues to be permissible on an unrestricted basis and is exempted from these planning requirements.

- Homesharers are allowed to sub-let their entire principle private residence (house or apartment) on a short term basis for a cumulative period of 90 days per calendar year where they are temporarily absent from their home.

- Where the 90 day threshold is exceeded, change of use planning permission is required.

If a person homeshares their principal private residence in a RPZ and wishes to avail of these planning exemptions, s/he needs to register this with their local planning authority and fulfil specified reporting obligations.

However, where a person owns a property in a rent pressure zone which is not their principal private residence and intends to let it for short term letting purposes, s/he is required to apply for change of use planning permission unless the property already has a specific planning permission to be used for tourism or short-term letting purposes.

These measures are now effective in 22 local authority areas - those where the RPZs are located and the private rental market is most acutely affected by short-term letting. Dedicated funding has been allocated by my Department to local authorities to assist in the enforcement of the legislative provisions.

In this connection, I might add that I recognise the tourism benefits that the self-catering sector brings to many parts of the country, and am not opposed - as a longer-term approach - to the broader regulation of tourism activity, including the possible development of a new regulatory or licensing/registration system for commercial platforms and short-term letting agents which was recommended in the final Oireachtas Working Group report on the regulation of short-term lettings. However this is beyond the scope of the planning code and my remit. I corresponded with the Minister for Transport, Tourism and Sport regarding the possible implementation of the recommendation which would fall to him to progress. I remain of the view that the possibility of developing a more nuanced approach to the regulation of short-term letting through regulation of online platforms rather than the regulation of properties in RPZs merits consideration, thereby enabling parts of the country that benefit from the tourism that comes from short-term letting to be able to continue to do so.

Home Loan Scheme

Questions (1069)

Gerald Nash

Question:

1069. Deputy Ged Nash asked the Minister for Housing, Planning and Local Government when an additionally required declaration will be issued to persons (details supplied); and if he will make a statement on the matter. [10983/20]

View answer

Written answers

The Rebuilding Ireland Home Loan is designed to enable credit-worthy first-time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range. The scheme is targeted at first-time buyers who have access to an adequate deposit and have the capacity to repay a mortgage, but who are unable to access a mortgage sufficient for them to purchase their first home.

It is recognised that current applicants for a Rebuilding Ireland Home Loan may be experiencing difficulties arising out of COVID-19. Local authorities have been asked to show flexibility when dealing with applicants at all stages of the Rebuilding Ireland Home Loan process from application and approval, to drawdown and appeal and should extend the time periods as necessary to accommodate those who may be experiencing difficulties arising out of COVID 19 restrictions.

Nevertheless, local authorities are also required to be prudent with their lending, both for the protection of the lender and the borrower, and ensure that mortgages are only advanced based on up to date financial and employment data from applicants as appropriate, having regard to the implications that COVID-19 has had for many businesses and employers.  

The final decision on loan approval is a matter for each local authority and its Credit Committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the statutory credit policy that underpins the scheme, in order to ensure prudence and consistency of treatment for all applicants.   Loan applicants who are dissatisfied with a loan application decision of a local authority Credit Committee may appeal that decision to the local authority. Details of the appeals process can be obtained from the relevant local authority.

Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions.  In addition, Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister's power to issue policy directions and guidelines to housing authorities in relation to their housing functions should not be construed as enabling the Minister to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned.  Accordingly, I, as Minister, am precluded from intervening in relation to individual loan applications. 

Departmental Schemes

Questions (1070)

Duncan Smith

Question:

1070. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government the amount of take-up of the enhanced long-term leasing scheme in County Kildare since it was announced; the problems which have been encountered nationally with the scheme; and if he will make a statement on the matter. [11127/20]

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Written answers

A range of housing options are necessary to ensure a supply of accommodation to meet different types of social housing need. Harnessing the off-balance sheet potential of private investment in social housing is an important objective of the Government, and the social housing targets that are set out in Rebuilding Ireland over the period to 2021 reflect the ambition in that regard.

My Department has introduced the Enhanced Long Term Social Housing Leasing Scheme in order to target newly built or yet to be built houses and apartments for long term leasing, and to target property developers and investors who are in a position to deliver housing at a reasonable scale in order to supplement delivery under Pillar 2 of Rebuilding Ireland. The Scheme has generated significant interest since its inception and is now fully open.

The first call for proposals for the Enhanced Leasing Scheme was open from January to April 2018 and a total of 33 submissions were received. The second call for proposals closed on 25th October 2018 and a total of 22 submissions were received. The first Agreement for Lease and Leases proper were signed in 2019, with the first units delivered in Q4 2019.

The majority of the proposals submitted during the first and second calls for proposals failed to meet the minimum qualifying criteria as set out in the scheme documents and thus could not proceed tocontract stage. This includes 8 proposals in respect of sites in County Kildare. The scheme documents and the qualifying criteria are available on the following link: www.housingagency.ie/housing-information/information-property-owners-and-landlords.

To date, no units have been delivered or contracted in Kildare.

Housing Assistance Payment

Questions (1071)

Duncan Smith

Question:

1071. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government his views on whether there are still problems with inter-county HAP rates in that some local authorities are not accepting HAP applications from local authorities with a higher rate; his plans to make changes to the scheme to overcome the problems; and if he will make a statement on the matter. [11128/20]

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Written answers

The Housing Assistance Payment (HAP) scheme plays a vital role in housing eligible families and individuals. At the end of Q4 2019, over 71,000 HAP tenancies had been set-up since the scheme commenced, of which there were more than 52,500 households actively in receipt of HAP support and over 30,000 separate landlords and agents providing accommodation to households supported by the scheme.

The flexibility of HAP as a social housing support is one of the scheme's key characteristics and was one of the primary benefits envisaged at the outset of the scheme. With this in mind, guidelines on inter-authority movement were introduced in 2017 to allow for local authorities to facilitate movement of HAP households from one local authority area to another in cases where a HAP tenant, currently on a local authority waiting list, wishes to access rented accommodation with HAP support in another local authority area. Inter authority movement is subject to certain conditions.

Additional guidance issued in April 2019. Households eligible for social housing support are now provided with the opportunity to avail of HAP in any local authority area, subject, of course, to the current Social Housing Income Eligibility Bands or confirmation that the applicant's income is below the threshold in the new local authority.

Given that such flexibility facilitates better utilisation of all private rental stock for social housing purposes and supports the maximum activation potential of HAP households by removing geographical barriers to employment (such as loss of housing support or time on a transfer list), all local authorities have been requested to give appropriate consideration to these requests.

HAP tenants continue to be dealt with by their originating local authority. However, the rent limits will be those that apply in the local authority where the property is situated. The originating local authority will engage with the relevant new local authority to facilitate eligible requests for inter-authority movement.

At the end of Q1, 2020, over 6,500 HAP household’s had been facilitated via the agreed approach to inter-authority movement.

Social and Affordable Housing

Questions (1072)

Duncan Smith

Question:

1072. Deputy Duncan Smith asked the Minister for Housing, Planning and Local Government the number of sites under the private partnership programme bundle 3; the status of the houses; the expected delivery time of the sites; and if he will make a statement on the matter. [11129/20]

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Written answers

The Social Housing Public Private Partnership (PPP) Programme was designed to deliver up to 1,500 social housing homes in total, via three bundles. Bundles 1 and 2 are currently under construction and the first homes under Bundle 1 will be completed this month on sites in Craddockstown, Naas in County Kildare and Dunleer in County Louth.

Preparation work has recently commenced on the third bundle of sites in the programme. A number of locations were proposed by local authorities on foot of a request seeking nominations of sites for consideration as part of the third bundle. Following examination and evaluation of the sites proposed, initial approval in principle was communicated to the successful local authorities in October 2019, subject to final due diligence that has recently been completed. Three sites were selected in the Dublin City Council local authority area, and one each in Kildare, Sligo, and Wicklow.

The following table sets out the indicative number of homes that will be provided at each of these locations pending the design and planning phases, with the total number of homes across the whole bundle expected to be in the region of 440.

Site (Local Authority)

Indicative Number of Homes (pending design and planning)

Ready Mix Site, East Wall, Dublin 3 (Dublin City)

65

Shangan Road, Ballymum, Dublin 9 (Dublin City)

100 (Senior Citizen Units)

Collins Avenue, Dublin 9 (Dublin City)

90

Ardew, Athy (Kildare)

60

Rathellen, Finisklin (Sligo)

50

Blessington (Wicklow)

76

Total

c.441

Following the selection of sites, the Project Board for Bundle 3 has recently been established.  This comprises representatives of my Department as sanctioning authority, the National Development Finance Agency (NDFA), in its role as procuring authority and financial advisor, and Dublin City Council as lead local authority and sponsoring agency and the representative of the relevant local authorities. In addition, the tender process for technical advisors for the project, who will assist in the design and planning of each site, has recently commenced. It is planned that tenders for the PPP contract for the full project will be invited in 2021.

Home Loan Scheme

Questions (1073)

Martin Kenny

Question:

1073. Deputy Martin Kenny asked the Minister for Housing, Planning and Local Government the percentage or element of commission income earned which is taken into account when assessing applications for the Rebuilding Ireland home loan scheme; and if he will make a statement on the matter. [11155/20]

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Written answers

Commission, bonuses and overtime are reckonable for calculation of borrowing and repayment capacity for the Rebuilding Ireland Home Loan but restrictions are applied. Appropriate and verifiable evidence must be obtained to support any overtime, bonus or commission payments included in the net income calculation (i.e. long- term nature, performance related, etc.)

The final decision on loan approval is a matter for each local authority and its Credit Committee on a case-by-case basis. Decisions on all housing loan applications must be made in accordance with the statutory credit policy that underpins the scheme, in order to ensure consistency of treatment for all applicants. While the credit policy does set out guidance in this area, this information is considered commercially sensitive and its release could reasonably be expected to prejudice the effectiveness of the credit committee in reaching a balanced decision on the merits of an individual mortgage application under this scheme.

Loan applicants who are dissatisfied with a loan application decision of a local authority Credit Committee may appeal that decision to the local authority. Details of the appeals process can be obtained from the relevant local authority.

Mica Redress Scheme

Questions (1074)

Charlie McConalogue

Question:

1074. Deputy Charlie McConalogue asked the Minister for Housing, Planning and Local Government the criteria for qualifying as a principal private residence for the purposes of the MICA redress scheme; if the scheme will be amended in order that non-principal private residence houses are also eligible for redress; and if he will make a statement on the matter. [11166/20]

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Written answers

I made Regulations under sections 2 and 5 of the Housing (Miscellaneous Provisions) Act 1979, with the consent of the Minister for Public Expenditure and Reform, to provide for a grant scheme of financial assistance to support affected homeowners in the counties of Donegal and Mayo to carry out the necessary remediation works to dwellings that have been damaged due to defective concrete blocks, entitled Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 (S.I. No. 25 of 2020).

The Regulations, which provide the legal framework for the grant scheme of financial assistance, came into operation on 31 January 2020, and my Department has recently issued guidelines to the relevant local authorities. These guidelines will facilitate, promote and support a consistent approach to the operation and administration of the defective concrete blocks grant scheme by Donegal and Mayo County Councils. The aim now is for the relevant local authorities to commence the receipt of applications without delay, and by 30 June at the latest.

 The scheme is targeted at assisting a restricted group of homeowners in the counties of Donegal and Mayo, who have no other practicable options to access redress for their home. It is not a compensation scheme and the regulations apply only in respect of qualifying works that have not commenced prior to confirmation of grant approval being issued in respect of a dwelling by the relevant local authority.

The dwelling must be a homeowner’s principal private residence, that is, a house or apartment which an individual owns and occupies as his or her only or main residence. Homeowners cannot seek the recoupment of costs associated with the remediation of a dwelling undertaken either prior to the commencement, or outside, of the scheme. This is in line with how similar Government schemes operate or have operated in the past, where prior approval is a key eligibility requirement. I have no proposals to amend the eligibility criterion.

 In accordance with the provisions of the Regulations, Donegal and Mayo County Councils, who are independent in the performance of their functions, will operate and administer the defective concrete blocks grant scheme and may be contacted in that regard. As Minister, I have no role in the operational matters pertaining to the implementation of the scheme.

 Budget 2020 provides funding of €40 million to fund the operation of the pyrite remediation scheme and the defective concrete blocks grant scheme. Funding for future years will be agreed on an annual basis as part of the normal Estimates process and additional funding can be provided should it be required. Mindful that the scheme is being funded from the Exchequer the scope of the scheme cannot be open ended. The funding available must be used prudently to achieve the most efficient and cost effective outcomes.

Covid-19 Pandemic

Questions (1075)

Roderic O'Gorman

Question:

1075. Deputy Roderic O'Gorman asked the Minister for Housing, Planning and Local Government the advice that can be provided to ensure that privately-owned playgrounds within residential areas are appropriately cleaned and maintained following their reopening on 29 June 2020; and if he will make a statement on the matter. [11264/20]

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Written answers

I have no function in relation to the operation of privately-owned playgrounds.

Local authority playgrounds re-opened under Phase 2 of the national roadmap on 8 June. As part of this process local authorities developed a standard operating guidance regarding the maintenance and inspection of playgrounds under their control. This guidance could potentially be of assistance to non-local authority operators of playgrounds, in considering how best to manage the re-opening of their facilities. This guidance can be requested by playground operators from the local authority in their area.

Any private playground facilities re-opening from 29 June 2020 should have due regard to the direction, guidance and advice from the Department of Health and the National Public Health Emergency Team for COVID-19 (NPHET) in the context of the ongoing consideration and management of public health measures.

Planning Issues

Questions (1076)

Róisín Shortall

Question:

1076. Deputy Róisín Shortall asked the Minister for Housing, Planning and Local Government if local authorities and An Bord Pleanála are obliged to request flood risk assessments on planning applications in circumstances in which there is considerable evidence of historical flooding on the site and the development plan identifies the site as a flood risk; and if there is a justification for not carrying out a flood risk assessment in one or both of these instances. [11273/20]

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Written answers

The Planning System and Flood Risk Management Guidelines for Planning Authorities were published jointly by my Department and the Office of Public Works (OPW), in November 2009. The Flood Risk Management Guidelines provide for the incorporation of flood risk identification, assessment and management into the planning process. These Ministerial Guidelines were issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities and An Bord Pleanála are required to have regard to the Guidelines in carrying out their functions under the Planning Acts.

In particular, the Flood Risk Management Guidelines require Strategic Food Risk Assessment (SFRA) to be undertaken for statutory plans, such as county development plans and the results of such assessments to be integrated into the approved plan. The relevant statutory plan is a critical consideration in the assessment of any planning application.

In the assessment of planning applications, The Planning System and Flood Risk Management Guidelines provides comprehensive guidance in Section 5 of the document. It is noted that it is a requirement that “any known flood history on or affecting the application site must be declared on the application form” and this is also included in the standard planning application form as set out in Planning and Development Regulations, 2001.

The key considerations regarding the assessment of planning applications are set out in the introduction to section 5 of the Flood Risk Management Guidelines. These include:

- Planning applications will, where appropriate, need to be accompanied by a detailed flood risk assessment to be considered by planning authorities in determining applications.

- Development within flood risk areas, that would be defined as inappropriate as set out in chapter 3 of the guildelines, but considered to be necessary to meet the objectives of proper planning and sustainable development, will be subject to a ‘Justification Test’.

- Most flood-risk issues should be raised within strategic assessments undertaken by local authorities at the plan-making stage. Therefore, as more plans are reviewed and zoning reconsidered, there should be less need for development management processes to require detailed flood risk assessment.

It is a requirement that where applications are made in areas at risk of flooding, that they should be accompanied by a site-specific flood risk assessment, even for uses which are considered appropriate in flood risk zones.

In relation to assessment of a planning application, the Flood Risk Management Guidelines state (Section 5.14), that it should be based “principally on the policies and detailed objectives of the development plan, with flood risk considered along with the full range of planning considerations for the application". The Guidelines go on to state that planning authorities “should adopt a risk-based sequential and balanced approach that gives priority to development in areas of lowest risk.”

I am satisfied that the Flood Risk Management Guidelines provide comprehensive advice on dealing with flood risk in the planning process. However, the assessment of individual planning applications is carried out on a case-by-case basis in accordance with the requirements of the Planning and Development Act 2000, having regard to planning guidance and other relevant factors.

It is a matter for each planning authority and/or An Bord Pleanala to determine planning applications and there are well established procedures for appeal and/or judicial review, should this be considered necessary.

Planning Issues

Questions (1077)

Cian O'Callaghan

Question:

1077. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government if as a matter of policy, Part V units should be pepper potted throughout developments instead of being isolated and segregated; and if he will make a statement on the matter. [11294/20]

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Written answers

Part V of the Planning and Development Act 2000 requires a local authority when considering whether to enter an agreement to purchase units in a development to consider the need to counteract undue segregation in housing between persons of different social backgrounds in the area of the authority. 

The original Guidelines issued to local authorities in relation to Part V advised that the number and location of these houses should be such as to avoid undue social segregation and foster the development of integrated communities.  While the pepper potting of social housing units could assist local authorities with achieving this objective, it can be the case with particular developments that pepper potting units would have significant management and financial implications. Therefore, the local authority will have to balance all of the factors on a case by case basis.

Departmental Reports

Questions (1078)

Cian O'Callaghan

Question:

1078. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government the number of departmental reports that are pending publication; the titles of these reports; the dates he anticipates the publication of each; and if he will make a statement on the matter. [11295/20]

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Written answers

A small number of Departmental reports are pending publication, i.e. expected to be published this month or next, the details of which are set out in the following table: 

 Title of Report

Anticipated Publication Date 

Marine Strategy Framework Directive 2008/58/EC

Article 17 update of Part 1 of Ireland’s Marine Strategy: Assessment (Article 8),   Determination of Good Environmental Status (Article 9) and Environmental   Targets (Article 10).

June 2020

Department of Housing, Planning and Local Government Report under Section 22 of the Protected Disclosures Act 2014 for the period: 1st January 2019 to   31st December 2019

June 2020

Department of Housing, Planning and Local Government Annual Report 2019

July 2020

Mayoral Election

Questions (1079)

Cian O'Callaghan

Question:

1079. Deputy Cian O'Callaghan asked the Minister for Housing, Planning and Local Government when the election for the directly elected mayor of Limerick will take place; the steps taken to establish the office of the directly elected mayor; if new legislation is required; if so, the timeline for same; and if he will make a statement on the matter. [11298/20]

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Written answers

The Local Government Act 2019 requires the Minister to submit to the Oireachtas a report with legislative proposals for a directly elected mayor for Limerick, within two years of the plebiscite vote, which took place on 24 May 2019. Notwithstanding the legislative requirements, it is my intention that the first election for Directly Elected Mayor should take place during 2021, and my Department is working towards that ambitious timeline.

Work is ongoing both within my Department and in consultation with other relevant Departments to analyse all legislation conferring functions and powers on local authorities to inform the required report and legislative proposals.

An Implementation Advisory Group (IAG) has also been established in Limerick, under the independent chairmanship of Mr. Tim O’Connor. Its members include representatives of the main stakeholders in Limerick City & County, including elected members and representatives of business, community, academic and student interests.   

The IAG's focus has been on the scope of the role of the new directly elected mayor, particularly in a Limerick context, to help ensure that local government is enhanced in Limerick through the direct election of a mayor. The work of the IAG has continued during the current COVID-19 restrictions and I expect its final report over the summer.

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