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Wednesday, 21 Apr 2021

Written Answers Nos. 684-702

Building Regulations

Questions (684)

Seán Fleming

Question:

684. Deputy Sean Fleming asked the Minister for Housing, Local Government and Heritage the position regarding the process of statutory recognition for competent architectural technology professionals to provide assigned and design certifier functions in line with other statutory registers defined in the Building Control Act 2007 and the progress of same; and if he will make a statement on the matter. [18406/21]

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Written answers

In general, the regulation of professions is in the first instance a matter for industry representatives working in consultation with relevant industry stakeholders. My Department is engaging with the Chartered Institute of Architectural Technologists (CIAT) in relation to the registration of Architectural Technologists. In this regard, CIAT has identified that its preferred route is to set up a stand-alone register for Architectural Technologists. As such, it is now a matter for CIAT to set up a register on an administrative basis in keeping with registers already in place for other professional groupings under the Building Control Act 2007 and in consultation with the relevant industry stakeholders. CIAT have been advised that the register should be in place for a sufficient period of time to demonstrate that it operates effectively in accordance with the provisions of the Act.

Following this process, my Department will review the register and subject to this review, will then consider bringing forward legislative proposals to place it on a statutory basis. CIAT have been advised of the process required to publish primary legislation.

It is also worth noting that, depending on their personal background and experience, it may be open to persons who are Architectural Technologists, and who possess the requisite experience and competence in the design of buildings, to seek inclusion on either of the statutory registers in respect of Architects or Building Surveyors. A number of Architectural Technologists have already succeeded in gaining inclusion on the statutory registers to date and are thus in a position to act as Design Certifiers and Assigned Certifiers.

Housing Policy

Questions (685)

Pádraig O'Sullivan

Question:

685. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage if clarity will be provided with regard to the inclusion of divorced or legally separated couples as eligible applicants for the proposed affordable purchase shared equity scheme; and if he will make a statement on the matter. [18436/21]

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Written answers

In line with the commitment to put affordability at the heart of the housing system in the Programme for Government, ‘Our Shared Future’, Government approved the priority drafting of the Affordable Housing Bill 2020 on 22 December 2020, the General Scheme of which I published on 20 January last.

The Bill includes provisions to underpin three schemes delivering on the Programme for Government commitment to prioritise the increased supply of affordable homes through (1) affordable homes delivered by local authorities, (2) a new affordable purchase shared equity scheme for private homes and (3) the introduction of a new form of tenure in Cost Rental.

Budget 2021 allocated €75 million for the affordable housing purchase equity scheme. Broadly, the objectives of the scheme are to improve access and affordability of new homes for First Time Buyers, stimulate an increase in supply by improving confidence as to the viability of future housing developments to meet increased realisable demand, and support economic recovery from COVID-19 by encouraging employment in the construction and related sectors.

Work on the detailed design of the proposed scheme including eligibility criteria is ongoing and at an advanced stage. This has involved detailed consideration of all aspects of the Scheme, taking on board feedback, and in consultation with stakeholders. Subject to Government approval, I intend to bring the completed Bill before the Oireachtas as part of the summer legislative programme.

Disability Services Provision

Questions (686)

Pádraig O'Sullivan

Question:

686. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage the grants available for private homeowners to retrofit to enable access for persons with disabilities; and if he will make a statement on the matter. [18449/21]

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Written answers

My Department provides funding to local authorities in respect of the Housing Adaptation Grants for Older People and People with a Disability, to assist eligible people in private houses to make their accommodation more suitable for their needs. The suite of grants include the Housing Adaptation Grant for People with a Disability (max grant €30,000), the Mobility Aids Grant (max grant €6,000) and the Housing Aid for Older People (max grant €8,000). A means test applies to each grant scheme. The detailed administration of the schemes is the responsibility of the local authorities.

Further details on these schemes is available at the following link: https://www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/

Solar Energy Guidelines

Questions (687, 689, 710, 733, 735, 789, 814, 817)

Ruairí Ó Murchú

Question:

687. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage the expected timeframe for the review of siting and size conditions for rooftop solar panels on homes; the expected timeframe for the review of exemptions for educational and community buildings; and if he will make a statement on the matter. [18471/21]

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Duncan Smith

Question:

689. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage the details of the review of siting and size conditions for rooftop solar panels on homes and review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will report on the need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [18483/21]

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Neale Richmond

Question:

710. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the details of his Department's review of siting and size conditions for rooftop solar panels on homes and review of exemptions for educational and community buildings as part of the current development of interim planning regulations; the details of the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [18841/21]

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Anne Rabbitte

Question:

733. Deputy Anne Rabbitte asked the Minister for Housing, Local Government and Heritage if he will provide details of his Department's review of siting and size conditions for rooftop solar panels on homes and review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will provide details of the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [19335/21]

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Seán Canney

Question:

735. Deputy Seán Canney asked the Minister for Housing, Local Government and Heritage the details on his Department's review of siting and size conditions for rooftop solar panels on homes and review of exemptions for educational and community buildings as part of the current development of interim planning regulations; the details on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [19356/21]

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Kathleen Funchion

Question:

789. Deputy Kathleen Funchion asked the Minister for Housing, Local Government and Heritage if information will be provided on his Department's review of siting and size conditions for rooftop solar panels on homes and the review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if information will be provided on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [20141/21]

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Brian Leddin

Question:

814. Deputy Brian Leddin asked the Minister for Housing, Local Government and Heritage if information will be provided on his Department’s review of siting and size conditions for rooftop solar panels on homes and review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if information will be provided on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [20573/21]

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Jim O'Callaghan

Question:

817. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if information will be provided on his Department's review of siting and size conditions for rooftop solar panels on homes and review of exemptions for educational and community buildings, as part of the current development of interim planning regulations; if information will be provided on the stated need to consider environmental assessment reporting before finalisation; when the interim planning regulations will be submitted to the Houses of the Oireachtas; and if he will make a statement on the matter. [20660/21]

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Written answers

I propose to take Questions Nos. 689, 687, 710, 733, 735, 789, 814 and 817 together.

Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations. Included in the planning exemptions set out in the Regulations are those applying to the installation of solar infrastructure on a variety of building types, including houses, businesses, industrial and agricultural to which specific conditions are attached.

As part of the Climate Action Plan 2019, my Department is currently undertaking a review of the solar panel exemptions, and is actively engaging with the Department of Environment, Climate and Communications as well as other key stakeholders, with a view to finalising a proposal for draft amending Regulations to reflect, inter alia, technical developments in the sector. One of the key considerations of the review is to ensure that solar panels can be erected - subject to certain siting and size conditions - without the need to obtain planning permission, thereby facilitating more widespread generation of renewable energy for self-consumption. Also included in this review are solar panel exemptions for educational and community buildings.

The main outstanding issue that remains to be addressed in the current review is the potential for "glint and glare" impacts for aircraft and the need to ensure that they do not result in any real or potential threat to aviation safety. Accordingly, my Department is presently engaging with the Department of Environment, Climate and Communications as well as the Irish Aviation Authority, in order to find a safe and workable solution in relation to this particular aspect of the review. The Department has begun the tendering process for this project, which will involve the development of aviation safeguarding maps for each airport/aerodrome in the country, and has received feedback from potential tenderers estimating a timeline of up to 9 months for its completion. As such, these maps, which are a fundamental aspect of any amendments to the exemptions, are expected to be finalised in Q3 2021.

In recognition of the length of time that it is expected to take to complete the aviation safeguarding maps, my Department has decided to adopt an interim measure which would allow revised regulations to be introduced prior to the completion of these maps, but with defined exclusion zones around airports and aerodromes for solar installations. My Department is consulting with the Irish Aviation Authority on this matter, and is working towards the development of the draft interim regulations in this regard, the precise details of which have yet to be finalised.

As required under planning legislation, any such proposed exempted development regulations must be laid in draft form before the Houses of the Oireachtas and receive a positive resolution from both Houses before they can be made. The draft regulations will also be subject to screening under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC to determine whether they are likely to have significant environmental effects. If there are significant effects, the undertaking of an SEA will be required, which will include public consultation.

The process for finalising the interim solar panel planning exemptions as referred to above, with exclusion zones around airports and aerodromes, is now expected to be completed in Q2 2021. These interim regulations will allow for the vast majority of the country to be covered by the solar panel exemptions apart from those areas in close proximity to airports and aerodromes.

The overall process for updating the solar panel planning exemptions to include the completed aviation safeguarding maps for airports and aerodromes is still expected to be completed by Q4 2021.

Housing Data

Questions (688)

Emer Higgins

Question:

688. Deputy Emer Higgins asked the Minister for Housing, Local Government and Heritage the cost rental targets in each of the years 2021 to 2025, inclusive. [18477/21]

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Written answers

A range of work is ongoing to deliver Cost Rental housing, with State support, through a number of avenues. My Department is utilising the expertise of Local Authorities, the Land Development Agency (LDA), and the Approved Housing Bodies (AHBs) to deliver projects in a variety of ways, in order to prove the concept of this new sector. This is in conjunction with the policy development for the sector that forms part of the forthcoming Affordable Housing Bill, the General Scheme of which was published on 20 January 2021.

Three pilot Cost Rental projects are already underway, including 50 two-bedroom apartments at Enniskerry Road, Stepaside, which are under construction by the Tuath and Respond AHBs, and are scheduled for completion in the third quarter of 2021. A project led by Dublin City Council at Emmet Road, Inchicore (site of the former St Michael’s Estate) is at the design stage, while an LDA-led project at Shanganagh Castle, Shankill has planning permission and is expected to commence construction later this year.

Budget 2021 allocated €35m in funding for a new Cost Rental Equity Loan (CREL) scheme, under which the Government will make loans on favourable terms to Approved Housing Bodies (AHBs) for up to 30% of the cost of new homes for Cost Rental. A Call for Proposals from AHBs opened on 14 December 2020 and closed on 5 January 2021. These applications were then assessed by officials in my Department and the Housing Agency. On 8 February 2021 I gave approval in principle for CREL funding this year of 390 new homes, located across eight sites in Dublin, the surrounding Greater Dublin Area, and Cork, to be owned and managed by the Clúid, Respond, and Tuath AHBs. Further details of these new homes, including the specific locations, will be released when the successful AHBs have completed commercial and contractual arrangements.

In addition, the Land Development Agency is tasked to work with Government Departments, Local Authorities, state agencies, and other stakeholders to assemble strategic sites in urban areas and ensure the sustainable development of social and affordable homes for rent and purchase. On its establishment the LDA had access to an initial portfolio of 8 sites that have near term delivery potential for approximately 3,400 new homes. Whilst the tenure mix for these homes has not been finalised, the LDA will have regard to Government policy, and all appropriate legislation, on the appropriate tenure mix for developments on public land, as well as the criteria for the operation of cost rental and affordable housing schemes.

Work has also commenced, on a new multi-year housing strategy "Housing for All". This strategy will build on our commitments in the Programme for Government and provide a roadmap to outline how we get to a housing system that gives us the sustainable supply we need, at a price that people can afford, and with appropriate housing options for all.

My Department has also made a submission to the Review of the National Development Plan. In terms of affordable housing, taking all factors into account and within the overall target delivery of 33,000 homes per year, the approach is to set an ambitious and achievable total affordable homes delivery target of 50,000 over the 10 year period to 2030. The detailed delivery breakdown across the various streams for these homes is being be developed as part of 'Housing for All’.

Question No. 689 answered with Question No. 687.

Covid-19 Pandemic

Questions (690)

Marian Harkin

Question:

690. Deputy Marian Harkin asked the Minister for Housing, Local Government and Heritage if essential works which will prevent significant deterioration of a building can be conducted during the Covid-19 restrictions; and if he will make a statement on the matter. [18499/21]

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Written answers

The Government announced that additional public health restrictions would apply under Level 5 of the Plan for Living with COVID-19 on 6 January 2021. The additional restrictions required all construction activity to cease from 6pm on Friday 8 January, with a number of exceptions. These measures are set out in The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (as amended) and remained in place until 12 April.

The Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) Regulations 2021 (S.I. No. 168 of 2021), which came into effect from 12 April, allow for the resumption of residential construction. Restrictions on most non-residential construction remain in place, other than construction activity specified in section 5 of the Regulations.

Housing Policy

Questions (691)

Eoin Ó Broin

Question:

691. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will commission the Housing Agency to conduct a study into the housing needs of persons who have experienced a relationship breakdown and subsequently lost their family home but due to income and prior home ownership are not eligible for social housing or for any of the affordable or private purchase first-time buyer supports. [18537/21]

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Written answers

A number of measures can help address the housing needs of persons who have experienced a relationship breakdown, which I have detailed below.

Under Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and Regulation 22(1) of the Social Housing Assessment Regulations 2011, a household shall be ineligible for social housing support if it has alternative accommodation that the household could reasonably be expected to use to meet its housing need, either by occupying it or by selling the accommodation and using the proceeds to secure suitable accommodation suitable for the household’s adequate housing.

However, Regulation 22(2) provides that this ineligibility does not apply where an applicant for social housing support owns accommodation that is occupied by his or her spouse, from whom he or she is formally separated or divorced. Under the enactment, a deed of separation is sufficient to set aside this ineligibility ground, and it is not necessary to await judicial separation or divorce to get a decision on social housing support in these cases.

In order to provide more flexibility to local authorities to deal with cases where the ownership of the family home had not yet been finalised, the Housing (Miscellaneous Provisions) Act 2014 amended section 20 of the 2009 Act. Local authorities may now provide such households with social housing support under the Rental Accommodation Scheme or the Housing Assistance Payment scheme until ownership of the family home is resolved in a formal separation or divorce settlement.

With regard to the provision of affordable homes to purchase, building on the General Scheme for Affordable Housing 2020, I intend to bring the Affordable Housing Bill to Government for consideration in the very near future. This will outline the provisions to allow for the introduction of two new affordable purchase schemes. This first provides for the delivery of affordable homes on local authority land and is supported by the Serviced Sites Fund. The second is the the Affordable Purchase Shared Equity Scheme which will provide for the delivery of more affordable homes by private developers. Whilst these schemes will be targetted primarily at First Time Buyers, active consideration is being given to accommodating those who have experienced relationship breakdown.

Separately, as a general rule, to ensure the effective targeting of limited resources, the Rebuilding Ireland Home Loan Scheme is available to credit-worthy first-time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range, where they cannot obtain sufficient mortgage finance from a commercial lender.

However, applicants who are separated or divorced may be treated as first-time buyers, in accordance with the regulations, if they meet certain conditions, including:

- they are separated or divorced under a court order or by a separation agreement;

- the property being purchased is the first property since leaving the family home;

- they have left the family home and retain no interest in it; or

- the other party has remained in the family home.

In meeting the conditions as set out above, in particular that the other party has remained in the family home and that the potential applicant has relinquished any rights they had over that property, no financial gain should have been made by the potential applicant in exchange for relinquishing their rights to the property in this manner. Were the individual to have made a financial gain in releasing their rights to the property, such as being bought out by the other party who remains resident in it, they would be deemed to have been compensated for their interest in the property, and therefore not be eligible as a first-time buyer.

The final decision on loan approval is a matter for the relevant 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 Regulations establishing the scheme and the credit policy that underpins the scheme, in order to ensure prudence and consistency in approaches in the best interests of both borrowers and the lending local authorities.

Housing Assistance Payment

Questions (692)

Brendan Griffin

Question:

692. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if there is a replacement financial assistance scheme available for new water and sewer connections for low income families following the removal of the local authority waiver scheme; and if he will make a statement on the matter. [18538/21]

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Written answers

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning and delivery. Irish Water's charging policies, including in relation to connection charges, are subject to approval by the Commission for the Regulation of Utilities (CRU), in its statutory role as the independent economic regulator of Irish Water.

Part V of the Water Services (No. 2) Act 2013, in particular sets out the CRU's responsibility for the determination of the charges, including connection charges, and charging arrangements, that apply to customers of Irish Water. The CRU determination on the appropriate charges and charging arrangements that apply to new network connections are set out in its detailed decision paper on Connection Charging available on its website at www.cru.ie. My Department has no role in the matter.

It may be helpful to note that Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 57 578.

Land Transfers

Questions (693)

Brendan Griffin

Question:

693. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if an application (details supplied) for a transfer of lands will be completed as soon as possible. [18595/21]

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Written answers

In relation to any specific cases with the Property Registration Authority (PRA), arrangements have been put in place to facilitate the provision of information directly to members of the Oireachtas. Further information in relation to the specific case referred to may be obtained by contacting the dedicated e-mail address in respect of the PRA at reps@prai.ie.

Housing Data

Questions (694, 743)

Thomas Gould

Question:

694. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if he will account for the discrepancy between figures given by Cork City Council relating to social housing waiting lists and those provided by the summary of social housing assessments 2020. [18625/21]

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Thomas Gould

Question:

743. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage if he will review figures provided in the summary of social housing assessments 2020 of his Department given that Cork City Council disputes the figures and has provided figures that show a clear discrepancy that cannot be accounted for in the 30-day difference. [19451/21]

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Written answers

I propose to take Questions Nos. 694 and 743 together.

Details on the number of households qualified for social housing support in each local authority administrative area are provided in the annual statutory Summary of Social Housing Assessments (SSHA).

The most recent summary, conducted in November 2020, shows that 61,880 households were assessed as qualified for and being in need of social housing support. This represents a decrease of 6,813 households or 9.9% on the last assessment in June 2019. The total number of households qualified in Cork City in November 2020 was 3,953, representing a decrease of 686 households (-14.8%) between June 2019 and November 2020.

Below is the link to the summary report for 2020 which includes breakdowns by each local authority, including Cork City, across a range of categories.

2020 Report

https://www.gov.ie/en/publication/970ea-summary-of-social-housing-assessments-2020-key-findings/#:~:text=The%20Summary%20of%20Social%20Housing,is%20not%20currently%20being%20met

In relation to the potential discrepancy that the Deputy refers to, it should be noted that the SSHA is a point in time snapshot of the demand for social housing support in each local authority area and does not necessarily reflect the dynamic nature of entry to and exit from the housing waiting lists.

Additionally, the key figure reported in the SSHA is referred to as ‘net need’. Net need is the total number of households qualified for social housing support whose need for support is not being met. This total excludes the following households:

- Duplicate applications – Where a household has applied to more than one authority for social housing support, only their first application was included in the count.

- Those in receipt of social housing support—for example, households currently living in local authority rented accommodation, approved housing body accommodation, accommodation provided under the HAP scheme, accommodation provided under the RAS, or accommodation provided under the SHCEP schemes.

- Households on a transfer list—any household that has applied for a transfer from an existing form of social housing support including HAP.

The oversight and management of the lists of qualified households awaiting accommodation, including the allocation and transfer of tenancies, is a matter for the relevant local authority in accordance with Sections 20 and 22 of the Housing (Miscellaneous Provisions) Act 2009 and associated Social Housing Assessment and Allocation Regulations, respectively.

In relation to the figure contained within Cork City’s allocation report, the Deputy is directed to the local authority which would be in a position to outline the nature and methodology utilised for the production of their report.

Water and Sewerage Schemes

Questions (695)

Rose Conway-Walsh

Question:

695. Deputy Rose Conway-Walsh asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the fact that a community water scheme (details supplied) that received grant approval in June 2020 has been informed that it now has to find an additional nine connections or €10,411.75; the reason these charges were not included in the initial approval; and if he will make a statement on the matter. [18639/21]

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Written answers

In 2019 Mayo County Council bid under the Multi-annual Rural Water Programme 2019-2021 for the proposed Community Water Connection (“the project”) in the details supplied. The bid was based on participation by 17 houses and at an estimated cost of €229,500 or €13,500 per house.

The Expert Panel that examined the bids under the Programme did not recommend any projects, where the unit cost exceeded €10,000 per house. This bid was therefore not approved by my Department when approvals and funding allocations were announced in October 2019.

Subsequently, the local authority engaged with the promoters of the project and through this work, participation was increased to 29 houses or €9,835 per house. The project was then approved by my Department as this brought the unit cost to under the threshold set by the Panel.

My Department understands now, arising from tendering of the proposed works earlier this year, that the estimated cost of the project is now considerably more than that originally estimated by the local authority.

My Department further understands that the local authority have established, through discussions with the promoters, that there are 41 houses in total in the area of the proposed project. The local authority have asked the promoters to engage within their community to increase participation in the project to its fullest.

The local authority made a submission to my Department earlier this week on the project. My Department will examine this submission as quickly as possible.

Housing Data

Questions (696)

Claire Kerrane

Question:

696. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage if there are grants or financial supports for a family that wish to convert a part of their house not adjoined to but beside the home into suitable accommodation for elderly parents to allow them to move close to their family and downsize; and if he will make a statement on the matter. [18652/21]

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Written answers

There are no grants available from my Department to meet the specific circumstances referred to by the Deputy. However, my Department is committed to supporting older people to live in their own home with dignity and independence for as long as possible. To this end, my Department, in conjunction with the Department of Health, is developing policy options for supported housing/housing with care so that older people have a wider range of accommodation choices available to them in accordance with the principles of the joint policy statement, "Housing Options for Our Ageing Population". This policy statement was published by the Department of Housing, Planning and Local Government and the Department of Health on 27th February 2019. The policy statement is available on my Department's website at:

https://www.housing.gov.ie/housing/special-housing-needs/older-people/housing-options-our-ageing-population-policy-statement.

A number of the 40 Actions in the Joint Statement include consideration of the issue of a scheme for rightsizing within the context of providing a variety of housing options for older people depending on their circumstances. A number of local authorities already provide for such a scheme for their tenants.

My Department and the policy Implementation Group are examining these options and a number of research projects are informing this work. It is intended that the Implementation Group will provide its final report addressing each of the 40 actions, including those relating to rightsizing, by the end of 2021. Consideration is also taking place in the context of the preparation of the Government's new Housing Strategy - Housing for All.

Planning Data

Questions (697)

Cathal Crowe

Question:

697. Deputy Cathal Crowe asked the Minister for Housing, Local Government and Heritage if an extension or grace period will be granted for those with planning permission due to expire in the coming months but who are behind schedule due to the standing down of the construction sector; and if he will make a statement on the matter. [18664/21]

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Written answers

In light of the impacts of 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 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. 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, including the duration of planning permissions, by an aggregate of 56 days/8 weeks during the time period in which they have effect. Accordingly, on foot of these Orders, the validity of a planning permission has now been extended by a further 8 weeks.

Under section 42 of the Act, the holder of planning permission may apply to the planning authority for an extension to the period of permission, prior to the expiration of that permission. On application, the authority shall extend the appropriate period by such additional period not exceeding 5 years as the authority considers requisite to enable the development to which the permission relates to be completed, provided that, the development was commenced before the expiration of the permission, substantial works were carried out and the development will be completed within a reasonable time.

If an extension to planning permission has been previously granted, the only circumstance in which the holder of a planning permission may be granted a second extension of duration is in respect of a development that relates to 20 or more houses subject to the development being completed within 5 years of the originally extended permission or by 31 December 2021 (as extended by the Section 251A Orders from last year), whichever first occurs.

On 30 March 2021, the Government published its latest response to managing Covid-19 - Resilience and Recovery 2021: The Path Ahead , which has enabled the recommencement of residential construction projects as part of the initial easing of the Covid Level 5 restrictions further to the recent lockdown, effective from 12 April last. My officials are presently engaging with the Office of the Attorney General with respect to the potential to bring forward additional legislative amendments to provide for a further extension of duration of permissions, with particular respect to construction delays caused by the Covid-19 pandemic but which, on advice, may only benefit extension of duration proposals that screen out for environmental impact assessment or appropriate assessment.

Traveller Accommodation

Questions (698)

Neasa Hourigan

Question:

698. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage his plans to ensure that the housing needs of the Traveller community are met by local authorities; his plans to ensure that existing funding is fully drawn down and utilised; and if he will make a statement on the matter. [18693/21]

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Written answers

In accordance with the Housing (Traveller Accommodation) Act 1998, the role of my Department is to ensure that there are adequate structures and supports in place to assist housing authorities in providing accommodation for Travellers, including a national framework of policy, legislation and funding.

The Housing (Traveller Accommodation) Act, 1998 requires each housing authority to develop, adopt and implement 5-year rolling accommodation programmes to accelerate the provision of accommodation for Travellers. The 5th round of Traveller Accommodation Programmes (TAP) began in July 2019, covering the 5-year period from 1st July 2019 until 30th June 2024.

TAP targets and outputs include figures for delivery of accommodation for Travellers across the range of accommodation options available to Travellers and is not limited to Traveller-specific accommodation. A mid-term review is due to take place at the end of 2021.

Following a review of the arrangements for the disbursement of funding for the provision and related supports of Traveller specific accommodation a new allocation process was implemented for 2020. My Department has ceased the practice of allocating specific budgets to individual local authorities. Instead, it is open to all local authorities to apply for and drawdown funds at any time throughout the year and this is actively encouraged by my Department. In 2020, my Department’s capital budget of €14.5 million for Traveller Accommodation was drawn down in full. Officials from my Department will continue to work with local authorities and approved housing bodies throughout 2021 to support and facilitate the development of high quality Traveller specific accommodation projects.

Planning Data

Questions (699, 765)

Brendan Griffin

Question:

699. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if he will consider relaxing planning regulations for businesses to construct outside dining areas following the announcement of funding for these areas; and if he will make a statement on the matter. [18718/21]

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Aindrias Moynihan

Question:

765. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage if awnings and canopies to support hospitality industries can be made exempted developments; and if he will make a statement on the matter. [19718/21]

View answer

Written answers

I propose to take Questions Nos. 699 and 765 together.

Under the Planning and Development Act 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission.

Furthermore, section 254 of the Act provides for a street furniture licensing system for prescribed appliances and structures, placed on, above, under or along a public road, including footpaths. One of the prescribed structures relates to the placing of tables and chairs outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises. Development that is carried out in accordance with section 254 of the Act is deemed exempted development for the purposes of the Act.

Section 246 of the Act provides that the Minister can make Regulations providing for prescribed fees to be paid to planning authorities in relation to applications for grants of licences under s254 of the Act. The fee for a licence for tables and chairs is currently set at €125 per table per year.

With a view to supplementing the Outdoor Dining Enhancement Grant Scheme which was recently announced by my colleague, the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, and further to the expected easing of Covid-19 restrictions over the coming months, my Department is in the process of bringing forward a package of amending planning regulations to assist in facilitating outdoor dining as well as increased vibrancy and commercial activity in urban areas, particularly in relation to the hospitality and restaurant sectors. These draft regulations - which will include the waiving of the street furniture licence fees in respect of tables and chairs used for serving food outside hotels, restaurants and pubs in the current year and revised planning arrangements in relation to the erection of awnings, canopies and other structures at such establishments - are scheduled to be discussed at the Joint Oireachtas Committee on Housing, Local Government and Heritage on 27 April next, following which, in accordance with the requirements of section 262(4) of the Act, a positive resolution of both Houses of the Oireachtas will be required before they can be signed into law.

EU Directives

Questions (700, 701, 702)

Darren O'Rourke

Question:

700. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the exemptions for Ireland on delivering the environmental objectives of the EU water framework directive within the time period allowed, that is, high or good status by 2015; and if he will make a statement on the matter. [18724/21]

View answer

Darren O'Rourke

Question:

701. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage if the rivers Boyne and Blackwater in County Meath are exempt from the EU Water Framework Directive or any of its provisions; if exemptions have been granted to these rivers under Directive Article 4(4)(a); if so, the reason; and if he will make a statement on the matter. [18725/21]

View answer

Darren O'Rourke

Question:

702. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the oversight and monitoring measures in place to ensure Ireland is compliant with the EU Water Framework Directive; and if he will make a statement on the matter. [18726/21]

View answer

Written answers

I propose to take Questions Nos. 700, 701 and 702 together.

The EU Water Framework Directive (Directive 2000/60/EC of 23 October 2000 establishing a framework for Community action in the field of water policy) establishes a common framework for the protection of inland surface waters, transitional waters, coastal waters and groundwater. The overall aim of the Directive is to maintain high and good status waters where they exist and to restore waters that do not currently reach these standards. River basin management planning, structured in six-year cycles, is the tool prescribed by the Directive for achieving these aims.

The Water Framework Directive (WFD) has been transposed into Irish law through the following Regulations.

- European Union (Water Policy) Regulations 2014 (S.I. No. 350 of 2014)

- European Communities (Technical Specifications for the Chemical Analysis and Monitoring of Water Status) Regulations, 2011 (S.I. No. 489 of 2011)

- European Communities (Good Agricultural Practice for Protection of Waters) Regulations, 2010 (S.I. No. 610 of 2010)

- European Communities Environmental Objectives (Groundwater) Regulations, 2010 (S.I. No. 9 of 2010)

- European Communities Environmental Objectives (Surface Waters) Regulations, 2009 (S.I. No. 272 of 2009)

- European Communities (Water Policy) Regulations, 2003 (S.I. No. 722 of 2003)

These Regulations cover governance, the shape of the WFD characterisation, monitoring and status assessment programmes in terms of assigning responsibilities for the monitoring of different water categories, determining the quality elements and undertaking the characterisation and classification assessments.

Building on the successful elements of the first River Basin Management Plans cycle, the Government introduced new structures for implementation of the WFD as part of the second-cycle river basin management plan that covers the period 2018-2021. Supporting the Minister of Housing, Local Government and Heritage, these new structures includes the Water Policy Advisory Committee (WPAC), which provides high-level policy direction and oversight of implementation. The National Coordination and Management Committee, formed under WPAC, ensureS that the measures necessary to achieve our objectives are implemented in an efficient, effective and co-ordinated way. The National Technical Implementation Group, co-ordinates ongoing tracking of implementation and provides a forum for knowledge sharing. Finally, the regional local authority structures, comprising of 5 regional committees, drive delivery of supporting measures at local level.

These structures are further supported by the Local Authority Waters Programme (LAWPRO). Funded by my Department, LAWPRO is responsible for;

- Coordinating efforts by local authorities, public bodies and other stakeholders to achieve the water quality objectives of the EU Water Framework Directive

- Supporting local communities to get involved in caring for their local waters and participate in decision making and river basin management plans, and

- Applying catchment science to identify the issues impacting on water quality in a number of Priority Areas for Action and to refer them to the relevant bodies for action.

As part of the implementation of the WFD in Ireland, the Environmental Protection Agency (EPA) is charged with, inter alia, the monitoring of water status in order to establish a comprehensive overview of water status within each river basin district. The EPA’s most recent report in this regard, Water Quality in Ireland 2013-2018, was published in 2019. The EPA also takes the lead role in reporting on behalf of Ireland to the EU Commission and to the European Environment Agency on the implementation of WFD tasks.

In relation to the exemptions for Ireland on delivering the environmental objectives of the WFD within the time period allowed, the WFD requires that all waters achieve high or good status by 2015, with extended time or lesser objectives granted under certain circumstances. Article 4 (4) (a) of the WFD permits exemptions to this objective on the basis that:

i. The scale of improvements required can only be achieved in phases exceeding the timescale, for reasons of technical feasibility

ii. Completing the improvements within the timescale would be disproportionately expensive, and

iii. Natural conditions do not allow timely improvement in the status of the body of water.

As part of their characterisation process for the second-cycle River Basin Management Plan, the EPA identified a number of water bodies, including the rivers Boyne and Blackwater in County Meath that will not meet their WFD objectives until 2027. A detailed catchment assessment for each of the 46 catchment in Ireland, including details of the exemptions reported to the EU is available on www.catchments.ie.

My Department is currently preparing the third River Basin Management Plan for Ireland, to cover the period 2022 – 2027. A key commitment in the new Programme for Government, a new revised and strengthened River Basin Management Plan will advance Ireland’s commitment to the implementation of the WFD.

Building on the work of the second-cycle, this plan will again describe the main pressures and activities affecting water status and set out the environmental objectives to be achieved up to 2027 and identify the measures needed to achieve these objectives, including those highlighted by the EPA.

A draft plan is due to be published shortly for a 6 month public consultation, so I would urge the Deputy to please engage in this process once the consultation is launched.

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