Written Answers Nos. 328-343
328. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of Rebuilding Ireland home loans approved in principle and drawn down in each local authority area in the first two quarters of 2020, in tabular form. [28160/20]
View answerMy Department publishes information on the overall number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Local authority approval means that an official letter of offer has been sent to a borrower (and therefore relates to a specific property and loan amount).
My Department has issued data requests for the first two quarters of 2020 and figures for these quarters will be made available in due course.
Information on the Rebuilding Ireland Home Loan for 2019, including the number and value of mortgage approvals and drawdowns, as well as average loan amounts, are available on my Department's website at the following link:
https://www.housing.gov.ie/housing/statistics/house-prices-loans-and-profile-borrowers/local-authority-loan-activity
331. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage if consideration has been given to granting a ministerial order to extend planning time periods in counties at level three of the Plan for Living with Covid-19; and if he will make a statement on the matter. [28201/20]
View answerIn light of the temporary ‘stay at home’ measures introduced earlier this year in response to the Covid-19 emergency, the Government, on 29 March 2020, made an Order under section 251A of the Planning and Development Act 2000, as amended (the 2000 Act) which resulted in the extension of time for a range of specified or appropriate periods and timelines in the Planning Acts and associated planning regulations until 20 April 2020. Further orders were signed on 16 April 2020 and 9 May 2020, the last of which expired on 23 May 2020. The three Orders had the combined effect of extending the relevant planning periods and timelines by an aggregate of 56 days/8 weeks during the time period in which they had effect. Following the expiry of the final Order made under section 251A of the Act on 23 May 2020 the statutory time periods as set out in the 2000 Act and associated planning and building control legislation resumed.
Further measures were introduced on 22 May 2020 by way of the Planning and Development (Section 38) Regulations 2020, which instructed planning authorities to upload all planning application documents onto their internet websites within 5 working days of receipt, subject to exceptional circumstances. This new statutory requirement facilitates greater use of online access to planning applications by members of the public, maintaining the integrity of the planning system in the context of the current Covid-19 pandemic.
On 15 September 2020, the Government published its latest response to managing Covid-19 - Resilience and Recovery 2020-2021: Plan for living with Covid-19. At present, I do not envisage that any further actions will be required for the planning system in the context of this framework at this time, however I will continue to keep this matter under review.
332. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the status of the investigation into the death of 23 buzzards in County Cork; and if he will make a statement on the matter. [28216/20]
View answerOfficials of the National Parks and Wildlife Service of my Department are actively continuing with their criminal investigations into this concerning and very serious incident. There are no further updates since the matter was last raised in the House.
333. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the number of illegal burns that have occurred to date in 2020 on land owned by the National Parks and Wildlife Service; and if he will make a statement on the matter. [28217/20]
View answerTo date in 2020, two of the six National Parks were affected by significant illegal fires. These were Killarney National Park and Wicklow Mountains National Park. Significant environmental damage is caused by wildfires and the setting of such fires is particularly irresponsible during 2020 as it creates an unnecessary draw on our emergency services.
While the primary responsibility in terms of fire fighting lies with the Fire Service National Parks and Wildlife officials staff remain on high alert when conditions exist that might result in fires in the National Parks. There have been 9 significant fires in total; 1 within Killarney National Park (on the 29th of March), and 8 in Wicklow Mountains National Park. There were also 4 small illegal fires in Wild Nephin National Park during April and May which were brought under control by local NPWS staff without the need to involve the fire service. In addition, there have been a number of smaller fires in our sites and also outside the boundaries of our properties where NPWS staff have assisted the emergency services.
334. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage his plans to increase the maximum net income limits in the Social Housing Assessment Regulations; and if he will make a statement on the matter. [28258/20]
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 under way. 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.
335. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage if he plans to allow all local authority RAS tenants to have access to the social housing list; and if he will make a statement on the matter. [28259/20]
View answerThe Housing (Miscellaneous Provisions) Act 2009 gives legislative recognition to rental accommodation availability agreements, which underpin the Rental Accommodation Scheme (RAS), as a form of social housing support. Consequently, since 1 April 2011, RAS tenants are now considered to be in receipt of social housing support and should not generally remain on main housing waiting lists for new applicants for social housing. Recognising that tenants housed through RAS prior to this change might have had reasonable expectations in regard to retaining access to traditional local authority rented accommodation, guidance issued from the Housing Agency in 2011 recommended that there should be a special transfer pathway for pre-2011 RAS tenants to other forms of social housing support. The arrangement effectively allowed these households to be designated as a ‘transfer’ applicant and to maintain their position for allocation as they had on the main waiting list. All tenants allocated RAS accommodation post 1 April 2011 (and thus under the provisions of the Housing (Miscellaneous Provisions) Act 2009) were informed at the time of offer and allocation that because RAS is now a social housing support, their housing need is met and that they will no longer remain on the main social housing waiting list. However, it is recommended that allocation schemes also provide a ‘transfer pathway’ for new RAS tenants, whereby households in RAS have access to the transfer list in the same way as tenants in local authority accommodation.
Where a vacant property arises, it is a matter for individual housing authorities, in accordance with their allocation schemes, to determine whether the allocation is made to a household on the main waiting list, or to a transfer applicant, such as a household from RAS, and the method of such allocation. It is open to housing authorities to specify in their allocation schemes the proportion of allocations which will be reserved for transfers, and within this, how many may be reserved for households seeking transfers to other forms of social housing support.
336. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Local Government and Heritage if it is possible within current legislation to resolve issues in which local electoral areas are partially within rent pressure zones, and partially without, due to redraws of boundaries. [28286/20]
View answerSection 24A(6) of the Residential Tenancies Acts provides that ‘Where a local electoral area is prescribed by order as an RPZ and, subsequently, any local electoral areas are duly amended in a manner that affects the area of the local electoral area so prescribed, then the order shall continue to have effect as if the local electoral area concerned had not been so amended.’
Therefore, under Section 24A(6), areas already designated as RPZs will remain designated and areas that are not designated will retain their current undesignated status and as such will not become a RPZ by virtue of the change to the boundary.
The criteria to be satisfied by an area under section 24A(4) of the Residential Tenancies Act for designation as an RPZ are as follows:
a) the information relating to the area, as determined by reference to the information used to compile each RTB Rent Index quarterly report, shows that the annual rate of increase in the average amount of rent for that area is more than 7% in each of at least 4 of the 6 quarters preceding the period immediately prior to the date of the Housing Agency's proposal, and
b) the average rent for the area in the last quarter, as determined by reference to the information used to compile each RTB Rent Index quarterly report, is –
* in the case of counties Kildare, Meath and Wicklow or an LEA in any one of those counties, above the average rent in the State, excluding rents in the 4 Dublin Local Authority areas, or
* in the case of any LEA outside of the Greater Dublin Area (i.e. Dublin, Kildare, Meath and Wicklow), above the average rent in the State, excluding rents in the Greater Dublin Area.
Each RTB quarterly 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.
Should any LEA which has previously been designated a RPZ but which has areas contained within that LEA that are not designated due to recent boundary changes, meet the criteria above, the mechanism to address this issue will be triggered and the LEA can be recommended for designation in its entirety.
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'.
Under the Residential Tenancies (Amendment) Act 2019 the expiry date of all deemed and designated RPZs is extended to 31 December 2021.
The Housing Agency continues to monitor the rental market and may recommend further areas for designation as Rent Pressure Zones in accordance with the Residential Tenancies Acts 2004-2019.
337. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Local Government and Heritage the future progress of fabric replacement schemes; and the way in which it can be expanded within Cork city to take in greater numbers of houses and flats. [28287/20]
View answerMy Department has operated an Energy Efficiency Retrofitting Programme for local authority social housing since 2013. The programme improves the insulation standards and overall energy performance of local authority housing stock, which can benefit those at risk of fuel poverty and also improve the health and comfort of the occupants of local authority homes.
The programme is open to all local authorities and has been implemented to date in two phases: Phase 1 is classed as a shallow retrofit and aims to ensure that the entire social housing stock has, as a minimum, cavity wall and attic insulation. Phase 2 focuses on the fabric upgrade works to those dwellings with solid/hollow block wall construction and includes the provision of heating upgrades and replacement windows and doors; this is deemed to be a more deeper retrofit. In transitioning to the deeper retrofit implementation, my Department has requested local authorities to achieve a 'B2' or equivalent building energy rating for their housing stock.
To date over 72,000 social homes have been upgraded under the programme with funding support of some €151 million. In Cork City it has supported the upgrade of some 7,000 homes with funding of over €20.2m. This includes funding of €6.157m provided for the deep retrofit of 129 apartments across 15 different blocks. Further to this I also recently issued funding approval of €3.54m to support Cork City Council in their upgrading of a further 81 apartments.
As set out in the Programme for Government, a national retrofitting plan is due to be rolled out in 2021 led by my colleague, the Minister for Communications, Climate Action & Environment. The targets set within the Climate Action Plan will see 500,000 homes nationally, retrofitted by end 2030, including private and social homes.
338. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the criteria which apply regarding the sale and allocation of new houses and housing developments in Gaeltacht areas to ensure the Irish language is maintained and protected in these areas; and if he will make a statement on the matter. [28360/20]
View answer339. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if it is compulsory in all Gaeltacht areas that a language impact assessment accompany planning applications for new housing developments; the way in which such an impact assessment should be prepared; the legislation, regulations and guidelines which informs same; and if he will make a statement on the matter. [28361/20]
View answerI propose to take Questions Nos. 338 and 339 together.
Under Section 28 of the Planning and Development Regulations 2001 as amended, a planning authority must notify the Minister for Community, Rural and Gaeltacht Affairs (currently the Minister for Tourism, Culture, Arts , Gaeltacht, Sports and Media) and Údarás na Gaeltachta, to invite their views in relation to planning applications for developments which, in the opinion of the authority might materially affect the linguistic and cultural heritage of the Gaeltacht, including the promotion of Irish as the community language.
Compliance with these regulations is a matter for the relevant local authorities. The decision to grant or refuse permission in such cases, and to assign conditions in the case of such planning applications where permission is granted, is ultimately a matter for the relevant planning authority.
The ongoing implementation of the language planning process has a statutory footing under the Gaeltacht Act 2012. As set out in the National Planning Framework (NPF), published in 2018, the language planning process, as prescribed in the Gaeltacht Act 2012, represents the primary driver in support of the commitment to the achievement of the objectives set out in the 20 Year Strategy for the Irish Language 2010 to 2030. Objective 29 of the NPF makes provision for supporting the implementation of language plans in Gaeltacht Language Planning Areas, Gaeltacht Service Towns and Irish Language Networks.
In addition, the Planning and Development Act 2000 as amended, (the Act) sets out mandatory objectives for local authorities, which must be addressed in the drafting of their statutory County Development Plan which governs local development policies. Section 10(2) of the Act includes a requirement that, where there is a Gaeltacht area within the planning authority’s territory, the development plan must include provisions and objectives for “the protection of the linguistic and cultural heritage of the Gaeltacht including the promotion of Irish as the community language”.
To provide further guidance in preparing appropriate policies, my Department produced ‘Development Plans, Guidelines for Planning Authorities’, to address this mandatory objective of the Act. These guidelines refer to linguistic and cultural heritage and the needs of the community in land-use terms for housing, community facilities, employment, tourism and design, including advertising and signage. For example, the Galway County Development Plan 2015-2021 incorporated a subsequent Variation to include a specific Gaeltacht Area Plan. Individual development plans may also oblige applicants for planning permission to submit certain particulars or information to accompany proposed development in Gaeltacht areas, such as assessments of the linguistic impact of the development that is proposed, in order for the proposal to be properly assessed against relevant policies of the development plan.
Since April 2019, the assessment of all local authority development plans and local area plans is undertaken by the Office of the Planning Regulator (OPR). The oversight role of the OPR includes ensuring consistency with relevant national or regional policies and addressing all relevant mandatory objectives for County Development Plans, including the provision of Gaeltacht-specific objectives, where required.
340. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage the cost to his Department to date of all fines paid by Ireland for non-transposition of EU directives into Irish law; the breakdown, by directive of the lump sum cost and the daily cost of each fine; and if he will make a statement on the matter. [26679/20]
View answerFines have arisen in relation to two cases that involved transposition issues and the details of these cases are set out in the following table:
|
Year |
Case Ref. |
Directive |
Details of Fine |
Amount |
Payment Details |
|
2013 |
C-374/11 |
Council Directive 75/442/EEC of 15 July 1975, as amended |
€2 million lump sum fine plus €12,000 /day pending full compliance imposed in relation to transposition and implementation of the Directive relating to the disposal of domestic waste water through septic tanks and other individual waste water treatment systems. |
€2,000,000 €648,000 |
Lump sum fine paid by DECLG in March 2013 Daily fines paid by DECLG in April 2013 |
|
2013 |
C-279/11 |
Council Directive 85/337/EEC, as amended |
€1.5 million lump sum fine imposed in relation to transposition of the Directive relating to Environment Impact Assessments. |
€1,500,000 |
Lump sum fine paid by DECLG in March 2013 |
Fines have also arisen more recently in relation to one other case, reference C-261/18. This case is not related to transposition but rather to the implementation of the EIA Directive in the context of the Derrybrien wind farm. A lump sum fine of €5 million was paid in January 2020. Daily fines of €15,000 from the date of judgment (12/11/2019) were also imposed but a notification letter for payment has yet to be received from the Commission. The judgment will be complied with when the facility is subjected to a retrospective EIA, otherwise known as substitute consent. The substitute consent process is underway.
341. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage the status as of 29 September 2020 regarding a local government funding baseline review which sought to inform the distribution of such funding that could become available for general operational purposes; and if he was consulted regarding the deferral of the valuation date for local property tax from November 2020 until November 2021. [28372/20]
View answerIn 2018, the then Minister for Finance and Public Expenditure and Reform initiated an Inter-Departmental review of Local Property Tax (LPT). The purpose of the review was to inform the Minister in relation to any actions he may recommend to Government concerning the overall yield from LPT and its contribution to total tax revenue.
As the LPT review did not primarily concern itself with the allocation mechanism to individual authorities, it was important that a framework be established regarding the allocation of any additional funding that might be available to the local government sector as a consequence of any changes to LPT. Therefore, in May 2018, the then Minister for Housing, Planning and Local Government separately initiated a Local Government Funding (Baseline) Review to help inform the distribution of any such funding that may become available for general operational purposes. These options can be further considered as and when changes to LPT are advanced by Government. In this regard, I will consider the available options in parallel with implementation of the commitment in the Programme for Government that those local authorities with a lower LPT base are adjusted via an annual national equalisation fund paid from the Exchequer.
It should be noted that the Minister for Finance has recently decided to defer the next valuation date for (LPT) liabilities from 1 November 2020 to 1 November 2021. This decision is a matter for the Minister for Finance and is primarily a consequence of the Covid-19 pandemic, meaning there was no formal consultation with my Department, nor was a formal consultation necessary.
342. Deputy Brian Stanley asked the Minister for Housing, Local Government and Heritage his plans to roll out affordable housing in the midland's region. [25963/20]
View answerThis Government is absolutely committed to ensuring that affordable, quality housing solutions are available to everyone in Irish society and this is reflected in the Programme for Government, "Our Shared Future". The Programme commits to putting affordability at the heart of the housing system through the progression of State-backed affordable housing.
In terms of affordable housing for purchase, 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 was commenced in June 2018.
Under my Department's Serviced Sites Fund, €310 million has been allocated to provide infrastructure to support the delivery of more affordable new homes for purchase or rent in those areas where local authorities have identified an affordability challenge and the viability to deliver homes and below open market purchase prices. Funding under the Serviced Sites Fund is available for new-build homes on local authority land. With a maximum of €50,000 funding available per home, at least 6,200 more affordable homes, to buy or rent, can be facilitated. To date, Serviced Sites funding of €127 million has been approved in principle in support of 35 projects in 14 local authority areas, which will assist in the delivery of almost 3,200 affordable homes.
In relation to the rental sector, the Programme for Government commits to improving security and affordability for renters. To achieve that, we are developing a Cost Rental model for delivery of housing that creates affordability for tenants and a sustainable model for construction and management of homes. Cost Rental is housing where the rents charged cover the cost of delivering, managing, and maintaining the homes only. Cost Rental is not intended to overlap with or replace traditional social housing for low-income households.
Work to outline the consistent and sustainable delivery of Cost Rental at scale was initiated through an inter-departmental multi-agency Cost Rental Working Group. It is also being assisted by an external research project sponsored by the European Investment Bank on behalf of my Department. Furthermore, three initial Cost Rental projects are already being progressed, including 50 units at Enniskerry Road in Stepaside, that is currently under construction, while sites at Emmet Road, Inchicore (the former St Michael’s Estate) and Shanganagh Castle, Shankill, are at the design phase.
In terms of affordable housing more generally, I will outline my detailed plans in the near future, taking account of progress to date under the SSF, experience from these Cost Rental pilots, a number of other measures, as well as the input of key delivery partners.
343. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage the number of septic tank inspections and the number of prosecutions for same in County Wexford since inspections started; and if he will make a statement on the matter. [28391/20]
View answerUnder the Water Services Acts 2007 (as amended) and 2012 (Domestic Waste Water Treatment Systems) Regulations 2012, the owner of a domestic waste water treatment system is responsible for its maintenance and renewal and shall ensure that its parts and components are fit for purpose, operational where appropriate and kept in good order and repair so as to prevent a risk to human health or environment.
Section 70K of the Water Services Act 2007 (as amended) requires the Environmental Protection Agency (EPA) to prepare a national inspection plan with regard to the inspection and monitoring of domestic waste water treatment systems, and authorises the water authorities to implement the plan including arranging for inspections.
The EPA publishes an annual report on inspections and enforcement, the latest report for 2019 can be found on the EPA's website at the link below which maybe helpful to the Deputy.
https://www.epa.ie/pubs/reports/water/wastewater/dwwtsinspectionsandenforcement2019.html
