Written Answers Nos. 413-432
413. Deputy Patrick Costello asked the Minister for Housing, Local Government and Heritage if a report (details supplied) regarding alleged serious planning irregularities in County Donegal will be published; the reason for the delay in publishing same; and if he will make a statement on the matter. [21564/20]
View answerI will be examining this report and will bring this matter to Government for consideration in due course.
In this regard, the decisions of the Commissioner for Environmental Information (CEI/18/0019) of 13 February 2019 and the Information Commissioner (OIC-59426-Q8D7T8) of 27 February 2020 in relation to requests to publish this report will also be taken into account. Both decisions are publicly available on those bodies' websites.
414. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage if provisions have been or are being made to provide PPE to homeless persons; and if he will make a statement on the matter. [21619/20]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the statutory role of local authorities in addressing homelessness at local level.
As part of the response to COVID-19, my Department is working closely with the Department of Health and the HSE along with Dublin Regional Homelessness Executive and local authorities to ensure the necessary arrangements are in place to protect individuals and families accessing homeless emergency accommodation. The HSE have developed guidance for homeless services and other vulnerable groups, and local authorities and their NGO service delivery partners are operating in accordance with these guidelines. Local authorities are also liaising with their counterparts in the HSE in relation to the appropriate health response at the local level. Where personal protective equipment is to be provided to homeless individuals, it is a matter for the local authorities and their NGO service delivery partners.
415. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the steps that can be taken to meet the health and housing needs of a person (details supplied); and if he will make a statement on the matter. [21655/20]
View answerMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the statutory role of local authorities in addressing homelessness at the local level.
Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. The provision of health services is a matter for my colleague the Minister for Health.
416. Deputy Brian Stanley asked the Minister for Housing, Local Government and Heritage his plans regarding the right to cut turf on bogs in cases in which there are there are turbary rights and in cases in which turf plots are privately owned. [21659/20]
View answerUnder the Planning and Development Act 2000, as amended (the 2000 Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.
Under the Planning and Development Regulations 2001, peat extraction-
- in a new or extended area of less than 10 hectare, or
- in a new or extended area of 10 hectares or more, where the drainage of the bogland commenced prior to 21 January 2002
is exempted development.
This exemption is subject to a restriction at Section 4(4) of the 2000 Act, whereby that that exempted development status is lost if an Environmental Impact Assessment (EIA) under the EU's EIA Directive or Appropriate Assessment (AA) under the EU's Habitats Directive is required in respect of that development.
Peat extraction involving a new or extended area of 30 hectares or more requires EIA and therefore planning permission. Peat extraction below that threshold may require EIA if it is considered that it would be likely to have significant effects on the environment. Any peat extraction which would be likely to have significant effects on a European Site (a Special Area of Conservation (SAC) or a Special Protected Area (SPA), or candidate area, designated under the Habitats Directive) requires an Appropriate Assessment and therefore planning permission.
While the Local Government (Planning and Development) Act, 1963, which preceded the 2000 Act, had provided that the use of land for agriculture, including the use of land for turbary, was exempted from the requirement to obtain planning permission, under the 2000 Act turbary was no longer included under the general exemption for agriculture on the basis that this activity could potentially have significant environmental effects.
Therefore, with regard to planning requirements for peat extraction, there is no distinction made between turf cutting development on bogs in cases in which there are turbary rights and in cases in which turf plots are privately owned.
The Department of Communications, Climate Action and Environment, with the assistance of my Department, is engaged in addressing the complexity of the current dual system of planning regulation and the Environmental Protection Agency’s Integrated Pollution Licensing for large-scale commercial peat extraction with the aim of streamlining the peat extraction consenting process, as recommended by the Government’s National Peatlands Strategy 2015 and informed by the Just Transition Progress Report published 22 May 2020. Follow on this work, my Department will focus on the development of a new regulatory framework in respect of smaller scale peat extraction, in accordance with the National Peatlands Strategy, which will seek to ensure compliance with appropriate EU environmental legislation.
417. Deputy Mary Lou McDonald asked the Minister for Housing, Local Government and Heritage if the income thresholds for social housing eligibility will be reviewed. [21663/20]
View answerApplications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.Under the Household Means Policy, which applies in all local authorities, net income for social housing assessment is defined as gross household income less income tax, PRSI, Universal Social Charge and Pension-Related Deductions within the meaning of Financial Emergency Measures in the Public Interest Act 2009. The Policy provides for a range of income disregards, and local authorities also have discretion to decide to disregard income that is temporary, short-term or once-off in nature.The income bands are expressed in terms of a maximum net income threshold for a single-person household, with an allowance of 5% for each additional adult household member, subject to a maximum allowance under this category of 10%; and 2.5% for each child, subject to a maximum allowance under this category of 10%.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. It is important to note that the limits introduced at that time also reflected 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, both promoting sustainable communities and also providing a degree of future-proofing.Given the cost to the State of providing social housing, it is considered prudent and fair to direct resources to those most in need of social housing support. The current income eligibility requirements generally achieve this, providing for a fair and equitable system of identifying those households facing the greatest challenge in meeting their accommodation needs from their own resources.However, as part of the broader social housing reform agenda, a review of income eligibility for social housing supports in each local authority area is underway. The review will also have regard to current initiatives being brought forward in terms of affordability and cost rental and will be completed when the impacts of these parallel initiatives have been considered.
418. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the details of all existing seaweed harvesting licences; the expiry date of each licence; the species and volume of seaweed allowed to be harvested; the area the licence covers in the form; and if he will make a statement on the matter. [21710/20]
View answer419. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage the number of existing applications for seaweed harvesting licences on hand; the date each one was received; the species and volume of seaweed sought to be licensed in each case: the area each application covers; and if he will make a statement on the matter. [21711/20]
View answerI propose to take Questions Nos. 418 and 419 together.
There are currently no active foreshore licences to harvest wild seaweed.
Some 23 applications to harvest seaweed are on hands. All applications for leases or licences including those to harvest wild seaweed under the 1933 Foreshore Act, when deemed complete, are published on my Department’s website:
https://www.housing.gov.ie/planning/foreshore/applications/overview.
420. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when a decision will be made on an application for a seaweed harvesting licence by a person (details supplied); the details of the issues that arose in relation to the maps submitted with the application; and if he will make a statement on the matter. [21712/20]
View answerIt would not be appropriate for me to comment directly on an individual application which might come before me for determination.
However, I can confirm that my Department wrote to the applicant concerned on 13 October 2019 outlining what is required in order for the pre-application to proceed to application stage. A response in that context is awaited.
421. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when he plans to regularise matters in order that all seaweed harvesters will be required to have a legal entitlement to harvest seaweed that licences will be available to enable them do so and that persons without licences or legal ownership of seaweed will be pursued legally for non-compliance with the law, in the interest of conserving this valuable resource and ensuring it is used to the highest ecological standards; and if he will make a statement on the matter. [21713/20]
View answer422. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage his views on whether it is possible to establish legal harvesting rights for seaweed based on family traditional use; the number of harvesters that have established harvesting rights to the satisfaction of his Department to date; and if he will make a statement on the matter. [21714/20]
View answerI propose to take Questions Nos. 421 and 422 together.
In his speech at the Harnessing Our Ocean Wealth Summit in 2018, the then Minister with responsibility for the 1933 Foreshore Act, Minister Damien English T.D. clarified that certain rights, of both a formal and informal nature, to harvest seaweed exist and must be respected in the context of determination of applications to hand harvest seaweed under the 1933 Foreshore Act. This position is unchanged.
The legal registration of such informal rights, such as those that might be held by traditional seaweed harvesters, is a matter for the Property Registration Authority of Ireland (PRAI) and those wishing to register their rights should engage directly with them. Accordingly, my Department has no role in that process.
On the question of licensing, my Department is continuing to engage with applicants who have applied to hand harvest seaweed under the Foreshore Act. I have no plans to extend the remit of Foreshore Act to make it mandatory for those who are currently not required to be licensed to be so mandated in order to harvest seaweed. In terms of the unauthorised harvesting of seaweed, my Department continues to investigate any such reports, which are brought to our attention.
423. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that residents in Westport, County Mayo are facing an increase in rent as high as 18%; his views on whether there is need for rent pressure zones in Westport; and if he will make a statement on the matter. [21780/20]
View answer429. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that residents in Westport, County Mayo are facing rent increases as high as 18%; his views on whether there is a need for rent pressure zones in Westport; the alternative other strategies he views as necessary to address rent increases such as these; and if he will make a statement on the matter. [22079/20]
View answerI propose to take Questions Nos. 423 and 429 together.
Section 24A of the Residential Tenancies Act 2004, as amended, provides that the Housing Agency, in consultation with housing authorities, may make a proposal to the Minister that an area should be considered for designation as a Rent Pressure Zone. Following receipt of such a proposal, the Minister requests the Director of the Residential Tenancies Board (RTB) to conduct an assessment of the area to establish whether or not it meets the criteria for designation and to report to the Minister on whether the area should be designated as a Rent Pressure Zone. For the purpose of the Act, ‘area’ is defined as either the administrative area of a housing authority or a local electoral area within the meaning of section 2 of the Local Government Act 2001.
Previously, for an area to be designated a Rent Pressure Zone, it must have satisfied the criteria set out in section 24A(4) of the Residential Tenancies Act 2004 (as inserted by section 36 of the Planning and Development (Housing) and Residential Tenancies Act 2016), as follows:
(i) the annual rate of rent inflation in the area must have been 7% or more in four of the last six quarters; and
(ii) the average rent for tenancies registered in the area with the RTB in the last quarter must be above the average national rent (i.e the National Standardised Rent in the RTB’s Rent Index Report) in the last quarter (€1,231 per month in Q1 2020).
However, on 30 May 2019, the previous Minister signed the Residential Tenancies (Amendment) Act 2019 (Commencement) Order 2019 which appointed 31 May 2019 and 4 June 2019 as the dates on which specified provisions of the Residential Tenancies (Amendment) Act 2019 came into effect, including provisions in respect of the average rent qualifying criterion for RPZ designation. Specifically, in relation to criteria (ii) above, the rent of a dwelling in the Greater Dublin Area (Kildare, Wicklow and Meath) will now be compared to the average rent across the country, excluding Dublin rents; and the rent of a dwelling outside of the Greater Dublin Area (GDA) will be compared to the average rent across the country, excluding Greater Dublin Area rents.
Each quarterly RTB Rent Index Report includes a summary in Table 9 of the data used to establish whether each Local Electoral Area fulfils the criteria for designation as a Rent Pressure Zone. This ensures transparency in relation to the position of individual areas in terms of average rent levels and increases. The quarterly Rent Index Reports are available to view on the RTB's website at the following link: https://www.rtb.ie/images/uploads/Comms%20and%20Research/RTB_Rent_Index_2020_Q1_%28WEB%29_Final.pdf
Further information on Rent Pressure Zones and designations is available on my Department's website at https://www.housing.gov.ie/PUBLICATIONS, by searching 'rent pressure zones - information'.
While rental inflation in the Westport LEA has been above 7% in 1 of the last 6 quarters, the standardised average rent in Westport in Q1 2020 was €797.41, which is below the Non-GDA Standardised Average Rent of €870.00 per month, thereby not satisfying the criteria for designation as an RPZ at this time.
The Housing Agency and the RTB will continue to monitor national rents and if the Westport LEA meets the designation criteria it will be designated as a RPZ.
In relation to Rent reviews outside of Rent Pressure Zones, a landlord may only review the rent once in any two-year period. Section 19 of the Residential Tenancies Act 2004-2019 requires that the rent set is not above the market rents for similar properties in that area. The landlord must provide three examples of rents for similar properties in a comparable area to demonstrate this. A tenant may make an application for dispute resolution to the Residential Tenancies Board where he/she feels his/her rent is in excess of the market rent.
Further information is available at https://rtb.ie/and through the RTB helpline - Lo-call on 0818 30 30 37 (mobile operators might charge a premium rate to the Lo-call number) or 01 702 8100 - available from Monday to Friday, 8:30am to 6.30pm.
424. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage if an application (details supplied) has been made by a local authority. [21891/20]
View answerA proposal for the construction of new social housing in the area referred to is progressing and has received approval to Pre-Statutory Planning and Design stage. My Department is awaiting further information on the proposal and I understand that a follow up submission is being prepared by the local authority.
425. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage if legislation will be introduced to facilitate homeowners that purchased a property under the affordable housing scheme in place immediately prior to 2009 to avail of a top-up loan from their mortgage provider to extend their house and to allow them to change their mortgage provider; and if he will make a statement on the matter. [21924/20]
View answerIt is my understanding that it was intended, in the Housing (Miscellaneous Provisions) Act 2009, to enact a provision which would allow a local authority to enter into an agreement with a lending institution as regards priority of charges to facilitate an equity release “top-up” mortgage in the case of affordable housing under the Housing Miscellaneous Provisions Act 2002 and Part V of the Planning and Development Act 2000.
In terms of affordable housing more generally, I will outline my detailed plans later in the Autumn.
426. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if he plans to issue a circular to local authorities instructing them to accept planning applications online rather than in paper format in order to reduce unnecessary contact between agents lodging applications and local authority staff in view of the Covid-19 pandemic; and if he will make a statement on the matter. [21950/20]
View answerThe operation of planning offices should be in accordance with the terms of the Government's Roadmap for Re-Opening Society and Business, as published on 1 May 2020, and with all relevant public health and health and safety advice and protocols.
Under Article 22(3) of the Planning and Development Regulations 2001, as amended, a planning authority already has the power to consent to the making of a planning application wholly or partly in searchable electronic or other electronic form.
One of the issues that has particularly come to light with regard to the planning system during the Covid-19 emergency is the need for the introduction of the proposed “eplanning” system allowing for the online submission of planning applications, appeals and associated fees. Work on the new system has been ongoing for the last 18 months and in light of the circumstances presented during the pandemic, the eplanning Project Board is now examining the feasibility of accelerating the development and roll-out of eplanning nationwide to all planning authorities as early as possible.
Once the development and testing of eplanning is complete, including the making of the necessary regulations to underpin the new system, a Circular Letter will issue to all Planning Authorities on the deployment of the new online planning application process.
427. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if the Rebuilding Ireland home loan scheme will be extended to allow the purchase and renovation of old vacant houses (details supplied); and if he will make a statement on the matter. [21960/20]
View answerFollowing a review of the two existing local authority home loan schemes, the House Purchase Loan and the Home Choice Loan, a new loan offering was introduced, from 1 February 2018, known as the Rebuilding Ireland Home Loan. In line with the previous schemes, 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, or to self build; it does not include undertaking renovation projects. I have no plans to change this requirement at present.
428. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage the recourse available to a tenant (details supplied); and if he will make a statement on the matter. [21965/20]
View answerThe Residential Tenancies Acts 2004-2020 provide for minimum notice periods to be served by tenants and landlords for tenancy terminations – for example, a student must provide 28 days notice to end a tenancy of less than 6 months duration or 35 days to end a tenancy of more than 6 months but less than 1 year.
The Acts do not prescribe specific terms and conditions regarding the payment of rents or deposits for inclusion in individual letting agreements in the private rental market including the student-specific accommodation sector. Contract law governs such arrangements.
The specific terms associated with an individual student’s rights and obligations are likely to be set out in a written contract signed by both the student and the landlord. Engagement between the parties to clarify the respective contractual obligations of the student and the landlord is key in establishing whether a breach of contract had occurred.
Students may wish to contact their third level education providers to seek any assistance that they might be in a position to provide. If a student cannot come to an agreement with their accommodation provider, they might wish to contact the Residential Tenancies Board (RTB) regarding their concerns – https://www.rtb.ie/ - or to refer a dispute for resolution with regard to the non-refund of their deposit.
The 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. Due to the quasi-judicial nature of work of the RTB, it would be inappropriate for me, as Minister, or my Department to comment on or intervene in the specifics of any individual case.
430. Deputy Joe McHugh asked the Minister for Housing, Local Government and Heritage the time-frame for the introduction of the mortgage to rent scheme for County Donegal; and if he will make a statement on the matter. [22128/20]
View answerThere are currently two Mortgage to Rent (MTR) schemes funded by my Department. A scheme exists whereby a local authority can acquire ownership of properties with unsustainable local authority mortgages, thus enabling the household to remain in their home as a social housing tenant (Local Authority Mortgage to Rent). The second scheme provides for an Approved Housing Body or Private Company to acquire ownership of a property with an unsustainable private mortgage from a lender, which also enables the household to remain in their home as a social housing tenant (Private Mortgage to Rent). The schemes are targeted at those households in mortgage arrears who have had their mortgage position deemed unsustainable by their lender under the Mortgage Arrears Resolution Process (MARP), who agree to the voluntary surrender of their home and are deemed eligible for social housing support. Both schemes are part of the overall suite of social housing options and are important parts of the Mortgage Arrears Resolution Process.
Information in relation to the Local Authority MTR scheme from its inception in 2013 to end 2019 is available on my Department's website under the heading Local Authority Mortgage to Rent at the following link: https://www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity During that period, a total of 497 households had benefited from the scheme and of this number 14 cases were completed by Donegal County Council.
From the introduction of the Private MTR scheme in 2012 to the end of June 2020, 691 families have remained in their homes under the scheme. Of the 691 cases completed, 1 case was in County Donegal and was completed in Q2 2020. As of end-June 2020, 1,342 applications were active and of this number 20 applications are from households in Donegal. The Housing Agency publishes, on a quarterly basis, detailed statistical information on the operation of the MTR scheme including a local authority status report which shows a breakdown of the number active, completed, ineligible and terminated cases per local authority. This information is available on the Agency's website at the following link: https://www.housingagency.ie/housing-information/mortgage-rent-statistics
A review of the Private MTR scheme undertaken in 2017 introduced a range of improvements to the eligibility criteria and its administration. In order to increase awareness and understanding of the scheme a new website, www.mortgagetorent.ie, was developed. In addition, new structures and arrangements were put in place to encourage a greater number of entities to take part in the scheme.
The implementation of the recommendations of the Review means that MTR is available to provide a long-term solution for more households in mortgage distress, where appropriate. Building on that work, and in line with the commitment in the Programme for Government, I am considering how the scheme could be further improved to meet the needs of more borrowers who require long-term support with their housing needs.
431. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage if he will correspond with local authorities to remind them of their legal obligations to ensure the rights of persons with a disability are adequately considered in interim mobility plans; and if he will make a statement on the matter. [22154/20]
View answerThe design, planning and implementation of mobility plans is a function of each of the thirty-one Local Authorities. My Department, and the Department Transport, Tourism and Sport have provided some guidance in this area recently to local authorities entitled ‘Interim Advice Note - Covid 19 Pandemic Response’ . This was issued by joint circular (RW 07/2020 and NRPPS 01/2020) in June 2020.
The Interim Advice Note:
- highlights a range of measures that can be quickly implemented to address challenges posed by the Covid-19 pandemic, and in particular, the immediate steps towards ensuring that city, town and village centres (and other areas where pedestrians may converge) can provide an environment that is safe and welcoming in support of communities and the reopening of businesses;
- refers to the ‘Interim Mobility Intervention Programme for Dublin City’ issued by Dublin City Council/National Transport Authority and encourages all Local Authorities to develop mobility plans as an immediate response to the Covid- 19 pandemic;
- states that when considering Covid-19 related measures, local authorities also consider longer-term alignment with the principles, approaches and measures contained within the Design Manual for Urban Roads and Streets (‘DMURS’), which promotes the principles of Universal Design;
- requests that when implementing emergency measures, local authorities consider broader Government policies regarding accessibility for people with disabilities;
and
- states that all measures should be monitored and adapted over time, to include further consultation with people with disabilities.
Taking the above into account, I am satisfied that the Local Authorities have received appropriate and sufficient correspondence at this time and that there is no immediate requirement to issue further correspondence.
432. Deputy Niamh Smyth asked the Minister for Housing, Local Government and Heritage the stage at which each local authority development plan process is at; the expected commencement date of each plan; the expected and completion date of each plan in tabular form; and if he will make a statement on the matter. [22175/20]
View answerI have attached for the Deputy a table outlining the current Development Plan timeline for each Local Authority, the anticipated date of the next phase of Public Consultation for the Development Plan Reviews, and the estimated earliest date that each Plan or Variation may be made. As the anticipated adoption dates are largely estimates based on statutory timeframes that can vary, these are likely to be subject to change depending on Local Authority schedules for completion of the development plan process.
Details of the Development Plan process and the statutory public consultations required are available from the individual planning authorities involved.
