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Thursday, 9 Sep 2021

Written Answers Nos. 317-336

Planning Issues

Questions (317)

Seán Fleming

Question:

317. Deputy Sean Fleming asked the Minister for Housing, Local Government and Heritage if plans are in place to extend planning permission due to delays arising from Covid-19 (details supplied); and if he will make a statement on the matter. [41871/21]

View answer

Written answers

Section 42 of Planning and Development Act 2000 ('the Act') currently enables the holder of a planning permission to apply to a planning authority for an extension to the period of permission by an additional period not exceeding 5 years.

At present, if an extension to planning permission has been previously granted, the holder of a planning permission may be granted a further extension of duration under section 42(1A) of the Act in respect of a development that relates to 20 or more houses, where substantial works have been carried out, subject to the development being completed within 5 years of the originally extended permission or by 31 December 2021 (as extended in 2020 by Government Orders under Section 251A of the Act), whichever first occurs.

Section 7 of the Planning and Development (Amendment) Act 2021 ('the 2021 Act'), which was commenced on 9 September 2021, provides a temporary provision allowing for applications for further extensions of planning permissions which have already availed of an extension under section 42 of the Act, or otherwise under section 42(1A), and in circumstances where no further extension is permissible.

Where an application is made to a planning authority for a further extension, pursuant to the 2021 Act amendments, setting out the reasons why a development cannot be reasonably completed within the appropriate period as already extended, the planning authority shall further extend that period by an additional period of up to 2 years or until 31 December 2023, whichever first occurs, subject to the planning authority being satisfied of a number of matters, including that the development has commenced, substantial works have been carried out and that the extension is required to enable the development to be completed. This is subject also to the planning authority being satisfied that environmental impact assessment or appropriate assessment would not be required for the proposed extension of the appropriate period.

Question No. 318 answered with Question No. 316.
Question No. 319 answered with Question No. 316.

Waterways Ireland

Questions (320)

Catherine Murphy

Question:

320. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he will clarify whether businesses operating under a licence issued by Waterways Ireland are eligible for a commercial rates waiver in the context of Covid-19 restrictions; and if he will further clarify whether Waterways Ireland are exempt from Directive S.I. No. 308 of 2018 (details supplied). [41886/21]

View answer

Written answers

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 of Valuation under the Valuation Acts 2001 to 2015.  The Commissioner of Valuation has responsibility for valuation matters, including determination of relevant property under the Acts for the purposes of rates.  

The Valuation Act 2001, as amended by the Valuation (Amendment) Act 2015, provides that all buildings used or developed for any purpose, including constructions affixed thereto, are rateable unless expressly exempted under Schedule 4 of the Act.

In order to continue supporting ratepayers, and in recognition of the ongoing impacts of COVID 19 and the associated public health restrictions, the Government has put in place a commercial rates waiver for the first nine months of 2021. It applies to businesses most seriously affected by the restrictions. Automatic eligibility is extended to hospitality including hotels, pubs and restaurants, leisure and entertainment, personal services such as hairdressers and barbers, and various other sectors. Categories of commercial property, such as offices, industrial premises and banks are not automatically eligible, but may qualify if they can provide proof of serious impact to their local authority.

If a business occupies a rateable property, on which commercial rates are levied by a local authority, that business may be eligible for the COVID 19 commercial rates waiver, depending on the valuation category of the property.  If a business does not occupy a rateable property it is not eligible for the waiver.

Commercial traders carrying on business on the inland navigable waterways system managed by Waterways Ireland do so on foot of commercial licenses issued by Waterways Ireland under a number of different legislative instruments as follows:

- The Canals Act, 1986 (No. 3 of 1986)

- Canals Act, 1986 (Bye-Laws), 1988 (S.I. No. 247/1988)

- Shannon Navigation Act, 1990 (No. 20 of 1990)

- Shannon Navigation Bye-Laws, 1992 ( S.I. No. 80/1992)

The European Union (Casual Trading Act 1995) Regulations, S.I. No. 308 of 2018, do not apply to Waterways Ireland, as it is not a local authority and does not issue casual trading licenses under the Casual Trading Act, 1995 (the primary legislation from which the Statutory Instrument referred to in the Question derives).

Housing Policy

Questions (321, 322)

Thomas Pringle

Question:

321. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage his plans to review legislation on adverse possession or squatting; and if he will make a statement on the matter. [41923/21]

View answer

Thomas Pringle

Question:

322. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the current legislation on adverse possession or squatting states; and if he will make a statement on the matter. [41924/21]

View answer

Written answers

I propose to take Questions Nos. 321 and 322 together.

The Property Registration Authority (PRA) processes adverse possession applications based on Section 49 of the Registration of Title Act 1964 and in accordance with the Land Registration Rules 2012.  Ancillary statutes informing the process are the Local Registration of Title Act 1891, Statute of Limitations 1957, Registration of Title Act 1964, Succession Act 1965, Registration of Deeds and Title Act 2006, and Land and Conveyancing Law Reform Act 2009.

Further information on the PRA’s practices and procedures in relation to the processing of adverse possession applications is available in its Practice Direction, Adverse Possession – Title by Adverse Possession to Registered Land, which is available at www.prai.ie/adverse-possession-title-by-adverse-possession-to-registered-land/

I have no cause or plans to review the legislation in the area of adverse possession.

Question No. 322 answered with Question No. 321.

Hare Coursing

Questions (323)

Paul Murphy

Question:

323. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will provide all of the findings returned following the research carried out by the National Parks and Wildlife Service into the survival and behaviour of hares released back into the wild after they have been used for coursing; the survival and movement patterns of hares that have been returned to the wild after coursing; and the results in relation to releasing hares in the territory in which they were captured when compared to random locations. [41938/21]

View answer

Written answers

The Irish hare [Lepus timidus hibernicus] is protected under the Wildlife Acts [1976 and 2000] and is also listed on Annex V of the E.U. Habitats Directive [92/43/EEC].  The species is considered to be in favourable conservation status.

Hare coursing in Ireland is administered by the Irish Coursing Club (ICC) which is a body set up under the Greyhound Industry Act, 1958.  Statutory responsibility for the Act resides with the Minster for Agriculture, Food and the Marine. Licences are required by the ICC under the terms of the Wildlife Acts to facilitate the capture of hares and the tagging of hares for closed park meetings.  Hares are netted in advance of coursing meetings and then kept in dedicated hare parks for a period of several weeks. After coursing they are released again in to the wild.

The study commissioned by the NPWS of my Department in 2020 to research the movement and survivorship of hares after coursing was delayed due to Covid-19. Research will commence in the coming months and results will be published on completion, towards the end of 2022.

Flexible Work Practices

Questions (324, 373, 375)

Carol Nolan

Question:

324. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage the measures he is taking to promote or facilitate remote working for staff in his Department or bodies under the aegis of his Department; the costs this has generated in terms of the provision of laptops, desktop computers or contributions to Wi-Fi costs or phone-related expenses; the number of staff who have applied for permission to work from home on a permanent or hybrid-model basis (details supplied); and if he will make a statement on the matter. [41956/21]

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Dara Calleary

Question:

373. Deputy Dara Calleary asked the Minister for Housing, Local Government and Heritage the steps being taken to facilitate remote working within his Department in particular to encourage remote working for those who live in the regions; and if he will make a statement on the matter. [42710/21]

View answer

Holly Cairns

Question:

375. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the way in which his Department and public bodies and agencies under his remit are accommodating requests for persons to work from home. [42760/21]

View answer

Written answers

I propose to take Questions Nos. 324, 373 and 375 together.

Departments and Offices are currently working in line with Government COVID-19 guidance, which provides for home working to continue where possible. Arrangements will be put in place in the coming weeks to allow for a gradual, staggered and physically distant return to the workplace for staff, as provided for in recently updated Government guidance. In respect of the longer-term, a central policy framework for Blended Working in the Civil Service will be finalised in conjunction with employee representatives over the coming months. This framework will inform the development of organisation level blended working policies tailored to the specific requirements of each Department/Office, whilst ensuring a consistency of approach across key policy areas.

My Department, in line with its ICT strategy, has adopted the Build to Share (BTS) Managed Desktop shared service provided by OGCIO – Office of the Government’s Chief Information Officer. End of life devices were replaced between 2019 and 2020 with laptops as per the Department’s Single Device Policy. My Department incurred an expense of €90,156 in mobile communication costs since March 2020 to support remote working. It is expected that future mobile communications costs will be minimised due to the adoption of the BTS Managed Desktop service, which includes a suite of communications tools that further support remote working at no additional cost.

Further, the Met Éireann Division of my Department purchased laptops, monitors and accessories for staff to facilitate remote/hybrid working during the pandemic. The total cost incurred was €153,671. While a number of staff within Met Éireann already had work phones, additional mobile phones were purchased to facilitate remote working during the pandemic. The total costs amounted to €14,822. Additionally, Met Éireann spent €1,042 on broadband expenses for individuals to work remotely.

As the Department is still operating within Government Covid-19 guidance, staff who can work from home are continuing to do so. Arrangements for post-pandemic blended working will be finalised in the Department’s Blended Working Policy, which will be developed based on the central policy framework.

With respect to the State bodies under the aegis of the Department, the information requested is not available within my Department and may be requested directly from the State bodies via their dedicated e-mail addresses for Oireachtas members, as set out in the table below.

Department of Housing, Local Government and Heritage

Contact Details of State Bodies for Oireachtas Members

State Body

Contact E-mails

An Bord Pleanála

oireachtasqueries@pleanala.ie

An Fóram Uisce (the Water Forum)

info@nationalwaterforum.ie

Approved Housing Bodies Regulatory Authority

oireachtasqueries@ahbregulator.ie

Docklands Oversight and Consultative Forum

infodocklands@dublincity.ie

Ervia

oireachtas@ervia.ie

Gas Networks Ireland

oireachtas@ervia.ie

Heritage Council

oireachtas@heritagecouncil.ie

Housing Finance Agency

oireachtas.enquiries@hfa.ie

Housing and Sustainable Communities Agency

publicreps@housingagency.ie

Irish Water

oireachtasmembers@water.ie

Land Development Agency

oireachtas@lda.ie

Local Government Management Agency

corporate@lgma.ie

National Oversight and Audit Commission

info@noac.ie

National Traveller Accommodation Consultative Committee

ntacc@housing.gov.ie

Office of the Planning Regulator

oireachtas@opr.ie

Ordnance Survey Ireland

Oireachtas@osi.ie

Property Registration Authority

reps@prai.ie

Pyrite Resolution Board

oireachtasinfo@pyriteboard.ie

Residential Tenancies Board

OireachtasMembersQueries@rtb.ie

Valuation Office

oireachtas.enquiries@VALOFF.ie

Valuation Tribunal

info@valuationtribunal.ie

Water Advisory Body

info@wab.gov.ie

Waterways Ireland

ceoffice@waterwaysireland.org

Vacant Properties

Questions (325)

Eoin Ó Broin

Question:

325. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the geo-mapping work of vacant homes currently underway in local authorities; if his Department is collating this information centrally; and if not, if he will consider doing so. [41964/21]

View answer

Written answers

Local authorities are well placed to identify and collate information on vacant properties based on a number of sources of information. As part of Housing for All the Government has committed to a rage of actions as part of the pathway to address vacancy and ensure the efficient use of housing stock and this includes ensuring that the Vacant Home Officers based in local authorities are all full-time posts.  

To date, each local authority has prepared a Vacant Homes Action Plan for their administrative area. The Vacant Homes Action Plan identifies the scale of vacant homes in their jurisdiction and sets ambitious but realistic targets of the number of vacant homes that can ultimately be brought back into use. As part of this process, the Vacant Homes Office/Officers within each local authority have undertaken initial vacancy assessment exercises (drilling into available vacancy data), and carry out co-ordinating visual inspections / assessment of residential properties in their administrative area, with a view to identifying possible vacant recoverable homes. In this context, among other sources of information, geo-mapping is utilised by many local authorities, with mapping of vacancy is carried out by GIS staff or the Vacant Homes Officer, where resources permit.

My Department does not, however, collate this information centrally, but the broader question of gathering data on vacancy will be considered as part of the implementation of Housing for All.  This will include the collection of data on vacancy with a view to introducing a vacant property tax. The Local Property Tax returns in November 2021 will provide a new source of information in this regard.

Departmental Schemes

Questions (326)

Michael Healy-Rae

Question:

326. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will address a matter (details supplied) regarding funding; and if he will make a statement on the matter. [41983/21]

View answer

Written answers

The Farm Plan Scheme, administered by my Department's National Parks and Wildlife Service, is an important instrument that allows for proactive engagement with farmers in designated sites, to trial and deliver bespoke measures that support biodiversity. Plans delivered through the Scheme have been used to inform the development of national Agri-Environment Schemes under the Rural Development Programme, co-financed under the Common Agricultural Policy.

The NPWS Farm Plan Scheme has been enlarged this year to work with farmers and to apply and test new and innovative approaches for farmland biodiversity. I would hope to continue that process of enhancement next year, budgetary considerations permitting.

My Department meets regularly with the farmers' organisations and I am fully aware that they wish to see an expansion of the NPWS Farm Plan Scheme. The matter is receiving close attention and is being advanced in the normal Estimates process and considered in the context of existing commitments, the overall resources available to the Government and the demands on those resources.

Question No. 327 answered with Question No. 316.

Housing Policy

Questions (328)

Eoin Ó Broin

Question:

328. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 326 of 13 July 2021, in relation to HAP eligibility and maintenance payments the reason policy does not provide for the deduction of regular outgoings such as maintenance; and if his attention has been drawn to the fact that in some cases maintenance payments are being assessed as income for both the payer and the payee in cases in which both are in receipt of HAP. [42011/21]

View answer

Written answers

In order to be eligible for HAP support, a household must first qualify for social housing support and be placed on a housing list. 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.

If a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household.

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 Additional Superannuation Contribution. 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. However, with the exception of the specific payments listed in the Household Means Policy as being disregarded, all income from social insurance and social assistance payments, allowances and benefits, and maintenance payments received is assessable. There is no provision in the policy to deduct any other regular outgoings, such as maintenance paid in respect of family members, from gross household income for the purposes of the income threshold.

When a maintenance payment is made, it will be to cover the cost of living for their children, which is the same cost incurred by a couple with children that are still living together as a family unit. There are no deductions from assessable income for the costs associated with the raising of children for a family unit, therefore there are no deductions for these costs for the individual of a separated couple who is paying maintenance.

Fire Stations

Questions (329)

Joe Flaherty

Question:

329. Deputy Joe Flaherty asked the Minister for Housing, Local Government and Heritage the status of plans for a new fire station in Ballymahon, County Longford. [42041/21]

View answer

Written answers

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Services Acts, 1981 and 2003.  My Department supports the fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for equipment and priority infrastructural projects.

I recently announced a new Fire Services Capital Programme for the period 2021-2025, with a funding allocation of €61m. Following extensive engagement with fire authorities, a number of proposals for station works etc. were received. The proposals were evaluated and prioritised on the basis of the:

- Area Risk Categorisation of the fire station (population, fire risks, etc.);

- established Health and Safety needs;

- state of development of the project (is site acquired, etc.?); and

- value for money offered by the proposal.

- This new Programme will see six new fire stations built, continued support for the construction of a further 12 new fire stations, nine fire station refurbishments as well as the allocation of 35 new fire engines. In order to maximise the available Capital Programme funding, my Department re-assesses the status of projects in the Programme on an annual basis, and some flexibility is normally available to advance projects that are ready and that offer best value-for-money taking account of the state of readiness of projects more generally. 

- Project consideration stages in my Department include submission of preliminary and detailed appraisals; submission of design brief; selection of site; application for approval in principle; appointment of design consultants; submission of a preliminary design; planning application; submission of preliminary cost plan, detailed design and cost plans; and tender process and construction stages - each step subject to approval from my Department.

- While a new fire station at Ballymahon is not currently included in my Department’s 2021 – 2025 Fire Services Capital Programme, it is included in a list for annual review. Projects in the Capital Programme will be reassessed on an annual basis in order to maximise the available Capital Programme funding. This includes consideration of additional fire station projects from fire authorities which fit the normal fire station project criteria and where an appropriate business case is presented. Priority may be adjusted to bring forward projects offering best value-for-money and to take account of the state of readiness of the projects.

- Longford County Council has indicated that the replacement of Ballymahon Fire Station, at an estimated cost of €1.7 million, is their priority. The Council has submitted a preliminary appraisal and outline plans to my Department. My Department will continue to work with Longford County Council to progress the Ballymahon fire station project.

Housing Schemes

Questions (330)

Joe Flaherty

Question:

330. Deputy Joe Flaherty asked the Minister for Housing, Local Government and Heritage the number of successful applications under the mortgage allowance scheme by year and local authority. [42042/21]

View answer

Written answers

Details of the applications received and granted by local authority under the Mortgage Allowance scheme are available on my Department's website at the following link:  

www.gov.ie/en/collection/fd048-affordable-housing-and-part-v-statistics/.

Question No. 331 answered with Question No. 316.
Question No. 332 answered with Question No. 316.
Question No. 333 answered with Question No. 316.
Question No. 334 answered with Question No. 316.

Water Supply

Questions (335)

Dara Calleary

Question:

335. Deputy Dara Calleary asked the Minister for Housing, Local Government and Heritage the status of the review of water allowances for both Irish Water and group water scheme consumers; if he is committed to restoring parity to the limits for each; his views on whether a 41% reduction in the allowance (details supplied) for equivalent households is unfair; and if he will make a statement on the matter. [42076/21]

View answer

Written answers

The Review of Demand for Water Services (2017), undertaken by the Commission for the Regulation of Utilities reported that the average amount of water supplied by Irish Water to a dwelling was 125,000 litres per year. Based on this report, the Water Services Act 2007 (Threshold Amount and Allowance Amount) Order 2017 specifies that the threshold amount of water services for domestic customers of Irish Water be set at 213,000 litres per dwelling per year i.e. 1.7 times the CRU’s estimated rate of demand by a dwelling in line with the relevant provisions of the Water Services Act 2017. Any future review of the demand for water services provided by Irish Water is a matter for the Commission for Regulation of Utilities.

In 2017, my Department also undertook a review of the Group Water Schemes’ subsidies, in consultation with the National Federation of Group Water Schemes, the representative body for the sector. The proposed improvements to the subsidy arrangements were subsequently endorsed by the Federation through a special delegate conference held on 13 December 2017.  These improvements included the application of an annual household water services threshold of 160,000 litres per year, as recommended by the Federation based on extensive consumer metering of the sector. The improved subsidy arrangements, came into effect on 1 January 2018.  There are no plans by my Department to review the annual household threshold at the present time. Further information can be found on my Department’s website www.housing.old.gov.ie/water/water-services/rural-water-programme/circular-l218-subsidy-towards-operational-costs-group.

In the context of the the recommendations of the Report of the Joint Oireachtas Committee on the Future Funding of Domestic Water Services (April, 2017) that there be equity of treatment and equivalent financial support between household on the public water system and those availing of private water supplies, the review of Group Water Subsidies has fulfilled the recommendations of the Committee having resulted in substantial improvements in the current funding available under the Rural Water Programme, to Group Water Schemes.

Housing Policy

Questions (336)

Denise Mitchell

Question:

336. Deputy Denise Mitchell asked the Minister for Housing, Local Government and Heritage when he expects the Affordable Housing Act 2021 to be fully enacted; when he expects the new regulations contained within it to be fully realised; and if he will make a statement on the matter. [42117/21]

View answer

Written answers

The Affordable Housing Act 2021 was signed into law by the President on 21 July 2021. On 18 August, I signed the Affordable Housing Act 2021 (Commencement) (Parts 1 and 3) Order 2021, which commenced Parts 1 and 3 of the Act from 19 August. This brought into operation the Cost Rental element of the Act. The text of the Order is available at:

www.irishstatutebook.ie/eli/2021/si/424/made/en/print  

On 19 August 2021 I made the Affordable Housing Act 2021 (Cost Rental Designation) Regulations 2021, which came into effect that day.  These Regulations govern the process by which the owners of dwellings may obtain the designation of their properties as Cost Rental dwellings. The text of the Regulations is available online at:

www.irishstatutebook.ie/eli/2021/si/425/made/en/print  

On 2 September 2021 I signed the Affordable Housing Act 2021 (Commencement of Certain Provisions) Order 2021, which commenced Part 2 (other than subsections (2)(c), (6), and (7) of section 6) and Parts 4, 6, 7, and 8 of the Act from 3 September. The text of the Order is available online at:

www.irishstatutebook.ie/eli/2021/si/450/made/en/print

With the relevant elements of the Act now commenced, it is my intention to make further Regulations governing Local Authority Affordable Purchase and Cost Rental housing.

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