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Tuesday, 3 Nov 2020

Written Answers Nos. 612-629

Local Authority Expenditure

Questions (612)

Violet-Anne Wynne

Question:

612. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage the budget that was allocated to Clare County Council for homeless services in 2019; and if this entire budget was spent in 2019. [33012/20]

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Written answers

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of emergency accommodation and related services for homeless persons rests with individual housing authorities.

My Department does not fund any homeless services directly but provides funding to housing authorities towards these costs. Under the funding arrangements, housing authorities must provide at least 10% of the cost of services from their own resources. Housing authorities may also incur additional expenditure on homeless related services outside of these funding arrangements with my Department.

Exchequer funding for homeless services is provided through my Department to housing authorities on a regional basis. County Clare is included in the Mid West region for the purposes of homeless administration, along with Limerick. In 2019 a total of €7.56 million was recouped to the Mid West region towards its regional homeless services programme.

In light of the foregoing, the precise spend by Clare County Council on homeless services is a matter for the individual housing authority in consultation with the Management Group of the relevant regional joint Homeless Consultative Forum.

In this regard, financial reports from each of the homeless regions including the Mid West region, setting out expenditure on homeless accommodation and related services are published on my Department's website at the following link;

https:/www.housing.gov.ie/housing/homelessness/other/homelessness-data

House Purchase Schemes

Questions (613)

Gerald Nash

Question:

613. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage when the proposed affordable home shared equity scheme will be open for applications; the number of homes that will be made available in year one of the initiative; when the first homes will be available to applicants under the scheme; if he will establish the income thresholds that will be applied; and if he will make a statement on the matter. [33018/20]

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Written answers

As part of Budget 2021, €110m was allocated for new affordable housing measures including a new national Affordable Purchase Shared Equity Scheme and a new Cost Rental Equity Loan facility for Approved Housing Bodies.

Of this amount, €75 million was allocated for the introduction of the affordable purchase shared equity scheme in 2021. To this end, significant preparatory work has already been carried out by my Department working primarily with the Housing Agency and the Department of Finance.

Building on the clear signal of Government support for the scheme in Budget 2021, I have instructed my officials to complete the necessary work including engagement with sectoral interests such as the Central Bank and European Commission to provide for the scheme's introduction in 2021.

My Department is working with the Department of Finance and banks on the scheme design in order to maximise it's reach and effectiveness. My Department is also engaging with home builders to seek to increase the output of new homes in the next 2-3 years in response to the new scheme.

I intend to target the scheme at First Time Buyers, who are seeking to buy a new home but who cannot quite secure the full mortgage amount to do so at the present time. Subject to the final qualifying criteria, the scheme would see the State take a limited equity stake in a property, in order to help more people meet the cost of buying a new home with their available mortgage.

Intensive engagement continues with key stakeholders informing the final detailed parameters of the scheme.

Question No. 614 answered with Question No. 563.

Rental Sector

Questions (615, 616)

Neale Richmond

Question:

615. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the measures he has taken and plans to take to encourage landlords to list their vacant apartments on the rental market at a fair and reasonable price; and if he will make a statement on the matter. [33049/20]

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Neale Richmond

Question:

616. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the measures that have been taken to encourage landlords to show leniency to tenants regarding payment breaks or lower rents during the Covid-19 crisis; and if he will make a statement on the matter. [33050/20]

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Written answers

I propose to take Questions Nos. 615 and 616 together.

Section 24 of the Residential Tenancies Act 2004-2020 defines market rent for the purposes of rent setting and rent review to mean, in relation to the tenancy of a dwelling, the rent which a willing tenant not already in occupation would give and a willing landlord would take for the dwelling, in each case on the basis of vacant possession being given and having regard to the other terms of the tenancy and the letting values of dwellings of a similar size, type and character to the dwelling and situated in a comparable area to that in which it is situated. Section 19 of those Acts provides that in setting a rent under a tenancy of a dwelling, the rental amount shall not exceed market rent. In a Rent Pressure Zone, a rent increase restriction of 4% per annum applies.

My Department and the Residential Tenancies Board (RTB) urge landlords to consider the negative impacts of Covid-19 on their tenants and to show forbearance where temporary rent arrears might arise. Tenants and landlords are urged to discuss any problems promptly, keep lines of communication open and respect each other’s positions. If the problem cannot be resolved, registered landlords and all tenants can apply to the RTB for dispute resolution. Further information is available on www.rtb.ie.

The Residential Tenancies Act 2020 was enacted and came into operation on 24 October 2020 to help mitigate the impact of Covid-19 on tenants and to support the efforts of Government in restricting the movement of people in order to suppress the spread of Covid 19. The Act modifies the operation of the Residential Tenancies Acts 2004-2020 to prevent any notices of termination served by landlords, in all but limited cases such as anti-social behaviour, from taking effect in geographical locations and during periods specified by the Minister for Health in Regulations made by him under section 31A of the Health Act 1947 in respect of which a restriction applies on the movement of people outside a 5 km radius of their place of residence.

This Act operates in parallel with the Residential Tenancies and Valuation Act 2020 which came into effect from 1 August 2020 to provide enhanced protections for those tenants who are facing rent arrears due to Covid-19 and, as a result, are at risk of losing their tenancy.

If a tenant’s ability to pay rent has been impacted by Covid-19 and the tenant meets specific criteria, new procedures and protections apply under the Residential Tenancies and Valuation Act 2020. Tenants who follow these procedures cannot be required to vacate their rental accommodation before 11 January 2021, and are not required to pay any rent increase in respect of the period ending 10 January 2021.

Tenants who are currently (or at any stage between 9 March 2020 and 10 January 2021): in receipt of (or entitled to receive) Illness Benefit for Covid-19 absence - further information available at - https://www.gov.ie/en/service/df55ae-how-to-apply-for-illness-benefit-for-covid-19-absences/ ); or in receipt of (or entitled to receive) the Temporary Wage Subsidy, Employment Wage Subsidy or any other social welfare payment or State support paid as a result of loss of earnings due to Covid-19 (this includes the rent supplement or a supplementary welfare allowance); and at risk of losing their tenancy, can receive the aforementioned protections to remain in their tenancy without any increase in rent until 11 January 2021.

In order to qualify for these supports, tenants must complete and sign a Self-Declaration form, available on the RTB website www.rtb.ie, if they meet the above criteria and submit it to the RTB and their landlord.

The RTB and the Money Advice and Budgeting Service (MABS) are working with tenants in rent arrears to outline the financial supports which may be available to enable the tenant to meet their rental obligations to sustain their tenancy.

The Residential Tenancies and Valuation Act 2020 provides for permanent enhancements to tenancy protections that require a landlord to copy the RTB with any written rent arrears warning notice given to a tenant seeking the payment of all rent arrears within 28 days. The RTB will acknowledge receipt to the landlord and tenant and provide the tenant with written information to enable them to get advice from the Money Advice and Budgeting Service (MABS) and on the income and other supports available. If the tenant agrees, the RTB can help them to engage with MABS to resolve their rent arrears and sustain their tenancy.

My Department has published a guidance document, the Residential Tenancies and Valuation Act 2020: What this Means for Landlords and Tenants, which sets out exactly what is expected as the rental protections under the Emergency Measures in the Public Interest (Covid-19) Act 2020 expire, and provides details on the new protections for tenants in rent arrears and the income and other supports available to tenants and landlords.

This guidance document clearly explains the new rent arrears procedure for both landlords and tenants facing rent arrears. The Guidance document is available on the Department's website www.housing.gov.ie and on the RTB's website www.rtb.ie.

The RTB has engaged with stakeholders with regard to the recent tenancy protection enhancements and launched advertising campaigns, including on social media, informing the public and directing people to its website for more information. The advertising campaigns ran from 15 April until to 1 August 2020 and the final phase of a related mail-shot to tenants and landlords concluded last week.

Many Government Departments, agencies and organisations are engaged in supporting landlords and tenants during this time, providing information, advice and income supports to those who are facing financial difficulty. Tenants facing difficulty in meeting the rental payments should engage with the Department of Social Protection (D/SP) as income supports such as Rent Supplement and Social Welfare Allowances are available to assist them. Further information on these supports can be found by calling the D/SP Income Support Helpline for Covid-19 on 1890 800 024 or by visiting the D/SP website at: https://www.gov.ie/en/organisation/department-of-social-protection/

With Government funding, Threshold, the national housing charity, operates the Tenancy Protection Service. Further information is available on www.threshold.ie. The homeless and housing sections in local authorities continue to assist those who are not in a position to provide accommodation for themselves.

Renewable Energy Generation

Questions (617)

Joe Carey

Question:

617. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage his plans to review policy in relation to the way business rates are applied to renewable energy projects with a view to incentivise and support renewable energy projects to help Ireland meet its climate change obligations and the renewable energy targets that have been set; and if he will make a statement on the matter. [33064/20]

View answer

Written answers

The Commissioner of Valuation is independent in the performance of his functions under the Valuation Acts 2001 to 2020 and the setting of valuations for rating purposes, including those for renewable energy project related properties, is his sole responsibility. As Minister for Housing, Local Government and Heritage, I have no function in decisions in this regard.

Local authorities are under a statutory obligation to levy rates on any property used for commercial purposes, in accordance with the details entered in the valuation lists prepared by the Commissioner under the Valuation Acts. Commercial rates are the single biggest source of income for local authorities, amounting to 29% of their overall revenue.

The Annual Rate on Valuation (ARV), which is applied to the valuation of each property determined by the Valuation Office to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function.

Question No. 618 answered with Question No. 563.
Question No. 619 answered with Question No. 577.

Local Authority Housing

Questions (620, 621, 622, 623, 624, 625)

Gino Kenny

Question:

620. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage the person or body that sets the income threshold for persons to apply for local authority housing; and if the income threshold is set by his Department or the local authorities. [33145/20]

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Gino Kenny

Question:

621. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage the year the current income threshold for applicants on local authority housing list was set. [33146/20]

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Gino Kenny

Question:

622. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage if his Department allows local authorities to set their own income threshold for persons applying for local authority housing; if his Department monitors each authority; the way in which this is monitored; and the year each local authority set their current income threshold for the local authority housing list. [33147/20]

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Gino Kenny

Question:

623. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage the criteria and factors taken into consideration to determine the income threshold for persons applying for local authority housing. [33148/20]

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Gino Kenny

Question:

624. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage if national average wage increases, minimum wage increases and increases in the private rental market are taken into consideration when setting income thresholds for persons applying for local authority housing. [33149/20]

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Gino Kenny

Question:

625. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage if his Department plans to increase the income threshold for persons applying for local authority housing. [33150/20]

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Written answers

I propose to take Questions Nos. 620 to 625, inclusive, together.

Applications 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 maximum limits that apply to their administrative areas. My Department does not monitor how each individual authority sets their income limit as the income limit is set by Regulation and not by local authorities.

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 income limits introduced in 2011 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.

Local Authority Contracts

Questions (626)

Seán Sherlock

Question:

626. Deputy Sean Sherlock asked the Minister for Housing, Local Government and Heritage the number of contracts approved in his Department in 2019 and to date in 2020 without competitive tender; the details of the contract; the company awarded the contract; and the full value of the contract in tabular form. [33275/20]

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Written answers

In accordance with Circular 40/2002, issued by the Department of Finance, my Department completes an annual return in respect of contracts above a €25,000 threshold which have been awarded without a competitive process. These returns are submitted annually to the Office of the Comptroller and Auditor General as part of the Appropriation Account process.

The return for 2019 contained 20 contracts and details are provided in Table 1.

Table 1 2019

Company

Details

Value (Exclusive of VAT)

KPMG

Financial advisory services

€140,000

Arthur Cox

Legal advisory services

€83,509

Environmental Systems Research Institute

Licence Agreement for GIS Software

€560,000

GeoDirectory

Source data for Eircodes and NACE Codes

€36,000

Microsoft Premier Support

Microsoft Technologies support

€75,558

Baker Security and Networks Ltd.

Network Infrastructure and Security

€28,000 (30% was charged to Department of Culture, Heritage and Gaeltacht under an existing Memorandum of Understanding)

PFH Technology Group (Esnard Ltd.)

CommVault licence and support contract

€27, 514

Vodafone

Telephony services

€73,825

Hewlett Packard

Support on Storage Area Network and Virtual Server Infrastructure

€97,487.30

Leonardo

Replacement magnetron for Shannon Weather Radar

€41,446

Vaisala Oyj

Laser Ceilometers

€77,142

Leonardo

Digital Receiver for Shannon Weather Radar

€71,471

Swedish Meteorological and Hydrological Institute

Training services in Meteorology, Hydrology and Hydrometeorology

€40,000

KNMI

Meteorologist training

€215,000

Meteo Modem

Radiosondes for Valentia Observatory

€27,328

Actian Europe Ltd.

Database software subscription and support

€88,020

LS Catering

Catering services

€45,913

Top Security

Security services

€20,299

Inpute

Support for the Development Application Tracking System and the Foreshore Licensing System

€35,754

Arthur Cox

Legal advisory services

€67,986

The 2020 position will not be finalised until Q1 2021 but the current provisional position is provided in Table 2.

Table 2

Company

Details

Value (Exclusive of VAT)

The Royal Netherlands Meteorological Institute (KNMI)

High Performance Computing services for Numerical Weather Prediction

€1,090,000

IBL Software Engineering

Forecaster Workstation and Production System

€124,559

Storm Technologies

Business application rollout in Met Éireann

€33,806

HEAnet

High Performance Computing provisioning at Met Éireann

€30,000

Vaisala Ltd

Software Licensing

€79,540

PFH Technology Group (Esnard Ltd.)

CommVault licence and support contract

€27, 514

Actian Europe Limited

Software licence and support

€55,880

Dell Products (Ireland)

Hardware

€28,602

Losberger De Boer

Temporary mortuary facilities

€82,139

Geodirectory

Source Data for Eircodes and NACE Codes

€36,000

Planning Issues

Questions (627, 628)

Thomas Pringle

Question:

627. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the position regarding the An Bord Pleanála decision to grant planning permissions which breach building height levels in excess of the permitted heights allowed in the relevant county development plan; and if he will make a statement on the matter. [33294/20]

View answer

Thomas Pringle

Question:

628. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage his views on whether it is appropriate for An Bord Pleanála to ignore the decision of elected councillors in the relevant county development plan for their area and grant planning permissions which breach building height levels in excess of the permitted heights allowed in the relevant county development plan; and if he will make a statement on the matter. [33295/20]

View answer

Written answers

I propose to take Questions Nos. 627 and 628 together.

As the question appears to refer to a particular (i.e 'the') An Bord Pleanála decision, it is important to clarify at the outset that under Section 30 of the Planning and Development Act, I am precluded from exercising and power or control in relation to any particular case with which a planning authority or An Bord Pleanála may be concerned. I am not, therefore, in a position to comment or make a statement on any individual planning case.

Generally, when making a decision on a planning application that is subject to appeal, An Bord Pleanála is required to consider the proper planning and sustainable development of the area concerned and the potential effects on the environment of the proposed development, having regard to a range of matters specified in legislation, including the provisions of the relevant development plan, any submissions or observations received, and relevant Ministerial or Government policies, including any statutory guidelines and specific planning policy requirements under section 28 of the Planning and Development Act 2000, as amended.

Under the Planning Act, the Board may, in determining an appeal, and in the case of Strategic Infrastructure Development applications made directly to the Board, decide to grant permission even if the proposed development would contravene materially the development plan of the relevant planning authority.

In cases on appeal, where a planning authority has refused an application for planning permission for a proposed development because it would contravene materially the local development plan, the Board may, under the provisions of the Planning Act, grant planning permission for proposed development that materially contravenes the development plan in the following circumstances:- Where the Board considers that: the proposed development is of strategic or national importance; there are conflicting objectives in the development plan or the objectives are not clearly stated, insofar as the proposed development is concerned, or permission should be granted having regard to the regional spatial and economic strategy for the area, statutory guidelines, statutory policy directives, the statutory obligations of any local authority in the area, and any relevant policy of the Government or any Minister of the Government; or permission for the proposed development should be granted having regard to the pattern of development, and permissions granted, in the area since the making of the development plan.

Similar provisions also apply to applications for Strategic Housing Development (SHD), which are made directly to An Bord Pleanála, where 100 or more residential units are proposed.

The Urban Development and Building Heights Guidelines for Planning Authorities, published by my Department in 2018, also address this issue. Specific Planning Policy Requirement (SPPR) 3(A) of the Building Height Guidelines provides that where an applicant for planning permission sets out how a development proposal complies with the relevant criteria and the assessment of the planning authority concurs, taking account of the wider strategic and national policy parameters, then the planning authority or An Bord Pleanála may approve such development, even where specific objectives of the relevant development plan or local area plan may indicate otherwise.

In order to better align decision making processes between local authority development plans and An Bord Pleanála in the context of overall Government policy, the Building Height Guidelines require planning authorities to identify through their statutory plans, areas for increased building height, where appropriate, and to not provide for blanket numerical limitations on height (SPPR1). This work is underway as part of statutory planning processes in many local authority areas.

Local Authority Housing

Questions (629)

Thomas Pringle

Question:

629. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage if he or his officials have had discussions with local authorities individually or collectively regarding encouraging increased density in housing developments; if so, the number of meetings and contacts and with which local authorities; and if he will make a statement on the matter. [33296/20]

View answer

Written answers

It is a key objective of Project Ireland 2040, which includes the National Planning Framework (NPF), to encourage a shift in the pattern and format of future development towards more compact urban growth, as a mechanism to support proper planning and sustainable development and as a measure to address climate change. The National Planning Framework is endorsed in the current Programme for Government, which also includes a commitment towards a ‘town centre first’ principle, in support of more balanced regional and rural development.

Rather than introduce new or increased requirements, both the NPF and the Programme for Government underpin pre-existing requirements for residential density. The National Planning Framework restates the commitment to implement statutory planning guidelines on Sustainable Residential Development in Urban Areas, published by my Department in 2009.

The Guidelines on Sustainable Residential Development in Urban Areas generally require densities in the range of 35-50 dwellings per hectare (dph) on outer suburban/greenfield sites. The Guidelines also provide scope for densities below 35 dph on more peripheral sites in smaller towns and villages, in particular to assist in delivering more sustainable alternatives to dispersed rural housing. These requirements have been established Government policy for a significant period of time, dating back to the late 1990’s.

My Department continues to have ongoing engagement with the Local Authority sector, including individual local authorities, on a wide range of policy issues, including those relating to planning, which may from time-to-time include residential density. However, as policy on this issue is long established, the focus of engagement with local authorities is on the broad implementation of national policy and not on individual developments or development proposals.

It is noted in particular, that the assessment of individual planning applications is carried out on a case-by-case basis by planning authorities and An Bord Pleanála in accordance with the requirements of the Planning and Development Act 2000, having regard to planning guidance and other relevant factors. Section 30 of the Planning Act precludes the Minister from exercising any power or control in relation to any particular case with which planning authorities and An Bord Pleanála may be concerned.

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