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Tuesday, 12 Oct 2021

Written Answers Nos. 184-203

Fire Service

Questions (184, 185)

Paul McAuliffe

Question:

184. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage his plans to increase funding to replace the Dublin Fire Brigade fleet of vehicles; and if he will make a statement on the matter. [49509/21]

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Paul McAuliffe

Question:

185. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the breakdown of the capital funding provided to Dublin Fire Brigade in the past five years; and if he will make a statement on the matter. [49510/21]

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Written answers

I propose to take Questions Nos. 184 and 185 together.

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.

Dublin City Council provides fire prevention and fire and rescue services for the four Dublin local authorities: Dublin City, South Dublin, Fingal and Dún Laoghaire/Rathdown County Councils.

In December 2020, I announced a new Fire Services Capital Programme for the period 2021-2025, with a funding allocation of €61m. 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 appliances (engines).

Dublin City Council was allocated four new “Class B” fire appliances in the latest Appliance Procurement Programme at an approximate cost of €1.9m. Dublin City Council was also grant-aided to procure three new “Class B” fire appliances in each of the 2015 and 2017 Programmes. Continued investment in the fire appliance fleet is one of the key national priorities for the Fire Services Capital Programme.

In July 2019, the Council was approved to purchase a new turntable ladder/ aerial appliance at a cost of €800,000 plus VAT. In September 2021, Dublin City Council requested approval for the purchase of a new turntable ladder at a cost of €850,000. This application is under consideration in my Department and is likely to be approved in the immediate future.

Capital funding provided to Dublin Fire Brigade in the past five years by my Department is detailed in the following table:

Year

Item

Amount €

2016

Thermal Imaging cameras

110,700

ERCC Vehicle

18,981

RBA contract

36,839

Community Smoke Alarms Scheme

8,253

2017

2 Class B Fire Appliances i

271,596

Ancillary equipment for class B appliances

31,980

2 pumps ii

61,377

2 Class B Fire Appliances ii

312,199

Turntable ladder i

361,947

2018

3 Class B Fire Appliances i

550,917

4 4x4 jeeps

108,811

2019

3 Class B Fire Appliances ii

470,346

2020

n/a

0

2021

Turntable ladder i

18,894

4 Class B Fire Appliances i

302,500

Turntable ladder ii

172,858

4 Class B Fire Appliances ii

492,000

Total

3,330,198

All requests for funding from my Department’s Fire Services Capital Programme have regard to local authorities’ own priorities, consistency with national policy, the value for money offered by proposals and the totality of requests from fire authorities.

Question No. 185 answered with Question No. 184.

Departmental Data

Questions (186)

Holly Cairns

Question:

186. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the number of State boards under the remit of his Department or its agencies in tabular form; the number of members of each board; the number of women on each board; and the percentage of each board that is made up of women. [49563/21]

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Written answers

The requested information is as set out in tabular form below.

State Body

No. on Board

No. of Women

Percentage of Women

An Bord Pleanála

8

2

25

An Fóram Uisce

25

9

36

Approved Housing Bodies Regulatory Authority

9

5

56

Docklands Oversight and Consultative Forum

21

5

24

Ervia

8

0

0

Gas Networks Ireland

6

1

17

Heritage Council

10

7

70

Housing Finance Agency

12

6

50

Housing and Sustainable Communities Agency

9

2

22

Irish Water

6

2

33

Land Development Agency

8

3

38

Local Government Management Agency

10

4

40

National Oversight and Audit Commission

9

3

33

National Traveller Accommodation Consultative Committee

12

3

25

Office of the Planning Regualtor

No Board

Ordnance Survey Ireland

8

2

25

Property Registration Authority

11

6

55

Pyrite Resolution Board

4

1

25

Residential Tenancies Board

10

4

40

Valuation Office

No Board

Valuation Tribunal

No Board

Water Advisory Body

5

2

40

Waterways Ireland

No Board

Fire Stations

Questions (187)

Seán Fleming

Question:

187. Deputy Sean Fleming asked the Minister for Housing, Local Government and Heritage the position regarding providing facilities for a fire station at a location (details supplied); and if he will make a statement on the matter. [49669/21]

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.

In December 2020, I 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.

I understand that there was an historic project application in relation to the fire station in Rathdowney that did not eventually progress as proposed and that, in 2017, Laois County Council put in place an extension on to Rathdowney Fire Station, consisting of separate male and female toilets, a shower cubicle and a new muster bay. While a new fire station at Rathdowney is not currently included in my Department’s 2021 – 2025 Fire Services Capital Programme, it is included in a list for annual review. Laois County Council has indicated that a new fire station in Stradbally is their number one priority. My Department will have regard to this, and the totality of requests from fire authorities countrywide for funding, in considering any proposal.

Regional Development

Questions (188)

Mairéad Farrell

Question:

188. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if city and county development plans must be consistent with the relevant regional, spatial and economic strategy and relevant national policy; the legislation this falls under; if regional assemblies have an oversight role in the development of city and county development plans to ensure that the regional, spatial and economic strategy is followed; and if he will make a statement on the matter. [49683/21]

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Written answers

The three Regional Assemblies were established further to the Local Government Reform Act 2014 and comprise representation from the constituent local authorities in the Eastern and Midland (Dublin, the Mid-East and Midlands), Northern and Western (North-West, West and Border) and Southern (Mid-West, South-West and South-East) regions.

These Regional Assemblies play a critical role in the implementation of the National Planning Framework (NPF), published under Project Ireland 2040, which sits at the top of the planning policy hierarchy in Ireland and provides a structure for future development and investment over the next two decades. This national level planning policy is being implemented at the regional level through the delivery of Regional Spatial and Economic Strategies (RSES) for each of the three Regional Assembly areas.

In accordance with section 23 of the Planning and Development Act 2000 (as amended), the objective of an RSES is to provide a long-term strategic planning and economic framework for the development of each regional assembly areas that is consistent with the National Planning Framework (NPF) and the economic policies or objectives of the Government, and must be for a period of not less than 12 years and not more than 20 years.

Section 27 of the Planning Act requires a local authority, when making a development plan or a local area plan, to ensure that the plan is consistent with any regional spatial and economic strategy in force for its area. I am also empowered under this section to determine, by order, that local authorities shall comply with any RSES in force for their area.

Sections 27A and 27B of the Planning Act provide that where a planning authority is reviewing a development plan and has prepared a draft development plan, notice must be given to the relevant Regional Assembly. In each case the relevant regional assembly must produce a report for submission to the planning authority in response.

Under Section 27B in particular, the report of the Regional Assembly must state whether, in the opinion of that assembly the draft development plan, and its core strategy, are consistent with the Regional Spatial and Economic Strategy (RSES) in force for the area of the development plan. Where the Regional Assembly determines that the draft development plan is not consistent with the RSES, it must provide recommendations regarding appropriate amendments to the development plan.

In each case, a copy of the reports prepared by the Regional Assembly under Sections 27A and 27B are also sent to my Department and to the Office of the Planning Regulator (OPR).

Similarly, where a local authority intends to make a variation to a development plan under Section 13 of the Planning and Development Act, Section 27C also requires the relevant regional assembly to prepare a report relating to the draft variation that shall state whether, in their opinion is consistent with the RSES and which if necessary, must include recommended amendments to ensure consistency. In the instance of a variation to a development plan, a copy of this report is also sent to my Department and the OPR.

Unlike the Office of the Planning Regulator, the Regional Assemblies do not make direct reccomendations to me, as Minister, in respect of development plans. However, in evaluating development plans under Section 31AM of the Planning and Development Act, the Regulator in assessing consistency with the Regional Spatial and Economic Strategy, will have been copied the observation or submissions, including recommendations of the Regional Assembly that have been made to a planning authority under Sections 27A and 27B or 27C.

Furthermore, as Minister, I will also be aware of the report and submission of the Regional Assembly on a development plan, and consistency with the Regional Spatial and Economic Strategy is a key consideration in forming an opinion whether to issue a direction under Section 31 of the Planning and Development Act.

I am satisfied that there is sufficient oversight by the Regional Assemblies, the Office of the Planning Regulator and my Department of the city and county development plan process and the interaction between the county development plans and RSESs, to take account of any intervention that may be required to ensure appropriate planning and sustainable development principles over the lifetime of the RSES.

Fire Service

Questions (189, 190)

Róisín Shortall

Question:

189. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage the number of hydraulic turntable ladders available to the Dublin Fire Brigade; when each was acquired; the location from which each was acquired; and if he will make a statement on the matter. [49685/21]

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Róisín Shortall

Question:

190. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage if a review of Dublin Fire Brigade’s ladders was carried out before the Urban Development and Building Height Guidelines were introduced in 2018 in respect of the specialist equipment needed for rescue from high-rise buildings; if not, if an assessment has been carried out since 2018; and if he will make a statement on the matter. [49686/21]

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Written answers

I propose to take Questions Nos. 189 and 190 together.

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.

Dublin City Council provides fire prevention and fire and rescue services for the four Dublin local authorities: Dublin City, South Dublin, Fingal and Dún Laoghaire/Rathdown County Councils. The management of resources, equipment and the number and type of fire appliances is a matter for the City Council based on their assessment of local needs and requirements. Continued investment in the national fleet is one of the key priorities for my Department's Fire Services Capital Programme.

Dublin City Council was allocated four new “Class B” fire appliances in the latest Appliance Procurement Programme at an approximate cost of €1.9m. Dublin City Council was also grant-aided to procure three new “Class B” fire appliances in both the 2015 and 2017 Programmes. Continued investment in the fire appliance fleet is one of the key national priorities for the Fire Services Capital Programme.

My Department works with fire services in Dublin in relation to their priority projects. In July 2019, Dublin City Council was approved to purchase a new turntable ladder/ aerial appliance at a cost of €800,000 plus VAT, delivery of which is due later this year. In September 2021, the Council requested approval for the purchase of a new turntable ladder at a cost of €850,000. This application is under consideration in my Department and is likely to be approved in the immediate future. Fire appliances are acquired through a competitive tendering process.

The management, disposition and deployment of its appliance fleet is a matter for the officers of Dublin Fire Brigade. I understand that Dublin Fire Brigade's fleet of aerial appliances consists of two turntable ladders based at Dublin Fire Brigade Headquarters in Tara Street, and a hydraulic platform based at Dún Laoghaire Fire Station, all of which can be deployed rapidly to anywhere in the functional area of the four local authorities.

The appropriate fire safety measures, including facilities to assist fire service response, in any building are based on the scale, density and height of the building and are set out in national Building Regulations and associated Technical Guidance and Codes of Practice. The Fire Safety Task Force established in the aftermath of the Grenfell tragedy, in its report of May 2018, states “The key to life safety in all apartment buildings is a proper two-stage fire detection and alarm system, together with an evacuation strategy…”. The primary statutory responsibility for ensuring the safety of persons using any building rests with the persons having control of those buildings. The design and construction of buildings in the first instance, including inbuilt fire safety features such as building layout, means of escape and fire resistance are critical for protecting persons from fire. Safety features, such as fire detection and alarm systems, support safe evacuation of occupants and the containment of fires.

In relation to fighting fires in high-rise buildings, my Department has issued guidance entitled “Fighting Fires in High-Rise Buildings”. This was part of a suite of 47 Standard Operational Guidance (SOG) documents developed between 2010 and 2012 by fire service personnel and issued by the National Directorate for Fire and Emergency Management.

Question No. 190 answered with Question No. 189.

Housing Schemes

Questions (191)

Charles Flanagan

Question:

191. Deputy Charles Flanagan asked the Minister for Housing, Local Government and Heritage if consideration will be given to exceptions to the clawback provision in the context of affordable housing which was put in place in order to prevent persons selling the house within a specified period of time in circumstances in which the house is no longer suitable based on specific complex medical needs in terms of health and safety such as in the case of a person (details supplied); and if he will make a statement on the matter. [49714/21]

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Written answers

Further detail would be required in relation to the specific scheme under which the home referred to was purchased from a local authority and in this regard it is suggested that contact be made with Laois County Council.

In relation to the sale of affordable homes under the Housing (Miscellaneous Provisions) Act 2002, the provisions relating to the control of resale of affordable homes provides that where a house sold under the Act is resold by the purchaser before the expiration of 20 years from the date of sale to him or her, the purchaser shall pay to the housing authority an amount equal to a percentage of the proceeds of sale.

This percentage is calculated in accordance with a formula which considers the difference between the market value of the house at the date of sale to the purchaser and the price actually paid. The amount payable is reduced by 10 per cent in respect of each complete year after the 10th year during which the purchaser has been in occupation of the house as his or her normal place of residence. There is no capacity in legislation to waive these provisions.

Departmental Contracts

Questions (192)

Catherine Connolly

Question:

192. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage the number and value all procurement contracts that took place by way of negotiated procedure without prior publication in 2020 and to date in 2021; and the date, value and purpose of each negotiated procedure contract in tabular form. [49733/21]

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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 (negotiated procedure without prior publication). These returns are submitted annually to the Office of the Comptroller and Auditor General as part of the Appropriation Account process.

The return for 2020 has been submitted to the Office of the C&AG and details of the 23 entries amounting to €3,541,929 are available in Table 1.

The compilation of the 2021 return is an ongoing process. To date there have been nine contracts identified where procurement took place via a negotiated procedure without prior publication. These amount to €1,413,140 and are set out in Table 2.

Table 1 2020

Details of Contract

Purpose

Value € (ex VAT)

Software Licence

Licence

34,000

Licence and Premium Support Renewal

Licence

27,514

IT Support

Service

81,315

IT Support

Service

65,355

Turf Cutting Scheme

Memorandum of Understanding

57,395

Airlifting of Aggregate

Services

68,750

Equipment for Restoration Programme

Goods

130,285

GIS Managed Service

Service

438,057

Database and GIS Support

Service

500,000

High Performance Computing

Service

1,090,000

Weather System

Service

303,200

HEAnet Membership

Service

30,000

Replacement Equipment for Shannon Weather Radar

Goods

43,050

Forecasting Software Licence

Licence

79,540

Licence & Support Subscription Renewal

Licence

55,880

Equipment for Valentia Observatory

Goods

81,000

Integration Work for ICOS Project

Service

45,500

Purchase of IT Equipment

Goods

28,602

Temporary Mortuary Facilities

Service

82,139

Security Services

Service

27,669

Privacy Fencing at two sites

Service

47,450

Telephony Service

Service

114,858

Legal advice

Service

110,370

Total

3,541,929

Table 2 2021

Details of Contract

Purpose

Value € (ex VAT)

National Monuments Project

Service

78,400

Supply of Met Éireann Equipment

Goods

49,650

Monitoring Equipment

Goods

130,000

Turf Cutting Scheme

Memorandum of Understanding

50,000

Build to Share

Service

33,806

Met Éireann Training

Service

41,400

Software Licence

Licence

80,650

Database and GIS Specialist Support Services

Service

880,265

Software License & Support Subscription Renewal

Licence

68,969

Total

1,413,140

Building Regulations

Questions (193)

Matt Shanahan

Question:

193. Deputy Matt Shanahan asked the Minister for Housing, Local Government and Heritage the detail of the process which describes the testing and analysis of concrete block and poured concrete cement mix in Ireland today; the regulation standards such products are required to meet; the independent analysis and testing that is mandated by his Department; the way in which results are monitored and collated; and if he will make a statement on the matter. [49774/21]

View answer

Written answers

The Construction Products Regulation (EU) No 305/2011 (CPR) sets out rules for the marketing of construction products in the EU. Where a construction product covered by a harmonised standard is being placed on the EU market, the CPR requires the manufacturer to draw up a ‘declaration of performance’ and affix a ‘CE’ marking to the product. In order to do so, manufacturers must test and declare the performance of their construction products using a common technical language prescribed in the harmonised standard.

The National Standards Authority of Ireland (NSAI), is Ireland’s official standards body and is an autonomous body under the aegis of the Minister for Enterprise Trade and Employment. NSAI has produced additional guidance to some harmonised standards, under the CPR, in the form of Standard Recommendations (SRs) which set out appropriate minimum performance levels for specific intended uses of certain construction products in Ireland.

In relation to the specification of concrete blocks, the relevant suite of harmonised standards facilitating specification of masonry units is the EN 771 (series). ‘I.S. EN 771-3:2011+A1:2015’ deals with aggregate concrete masonry units. NSAI has published additional guidance in the form of ‘S.R. 325:2013+A2:2018/AC:2019 Recommendations for the design of masonry structures in Ireland to Eurocode 6’ which provides, inter alia, guidance on the choice of masonry units and mortar classes most appropriate for particular situations as regards durability for finished work in Ireland. S.R. 325:2013+A2:2018/AC: 2019 recommends the use of Category 1 aggregate concrete blocks, which requires independent third party oversight of factory production control by a Notified Body (a designated body that carries out third-party tasks).

Category 1 aggregate concrete blocks, should meet the prescribed density, compressive strength and be made with dense aggregate conforming to ‘I.S. EN 12620+A1:2008 - Aggregates for concrete’ and ‘S.R. 16:2016 Guidance on the use of I.S. EN 12620:2002+A1:2008 - Aggregates for concrete’. Importantly, as aggregate is a key constituent of aggregate concrete blocks, ‘S.R. 16:2016’ outlines the precautions to be taken in the quarry to reduce the risk of harmful impurities in aggregate production.

A full list of designated Notified Bodies for construction products may be found on the New Approach Notified and Designated Organisations (NANDO) Information System hosted by the European Commission.

Ultimately, the manufacturer is responsible for compliance with the CPR and in particular for the Declaration of Performance/CE marking of the construction product he or she is placing on the market, having full knowledge of the raw material (as is legally required by the CPR via the relevant harmonised European Standards) and having regard to the end product’s suitability for use in construction works in accordance with the relevant Standard Recommendations published by the NSAI.

While the CPR came into force and has direct legal application across the entire European Union since 1 July 2013, each Member State is responsible for regulating for its own market surveillance activities in accordance with the specific requirements of the CPR and the broader overarching requirements of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 . Regulation (EU) 2019/1020 establishes an EU wide framework for market surveillance, and came into full effect in July 2021. This strengthens the existing provisions in the CPR (and other Union harmonisation legislation), relating to the compliance of products, the framework for cooperation with organisations representing economic operators or end users, the market surveillance of products and controls on products entering the EU market.

Under the European Union (Construction Products) Regulations 2013 (S.I. No.225 of 2013) , each of the building control authorities (local authorities) have been designated as the principal market surveillance authorities for construction products that fall within the scope of the CPR, within their administrative areas.

In addition, the Withdrawal of the United Kingdom from the European Union (Consequential Provisions) Act 2020 (Construction Products – Market Surveillance) Regulations 2020 (S.I. 682 of 2020) appointed Dublin City Council as a competent authority for the carrying out of market surveillance functions under the European Union (Construction Products) Regulations 2013 for all related construction products on a nationwide basis. Dublin City Council-National Building Control Office, (DCC-NBCO) Market Surveillance Unit has been established for this purpose. DCC-NBCO may be contacted at: support@nbco.gov.ie. Building control authorities will liaise with DCC-NBCO national market surveillance unit to support compliance with the CPR and to determine appropriate action on enforcement matters, as they arise.

Market surveillance activity should enable non-compliant products to be identified and kept or taken off the market with unscrupulous and/or criminal economic operators prosecuted and penalised for their actions. In this context, it is important to note that the overarching objective of a market surveillance authority is to ensure that compliant products are placed on the market. Where non-compliance is identified, market surveillance activities should be designed to encourage economic operators to take appropriate corrective actions to redress the position within a reasonable period of time.

Market surveillance authorities have significant powers including to obtain access to the place of manufacture or storage, request technical information, select samples of the construction product and carry out evaluations, examination or tests on such samples. Where construction products are placed on the market which do not comply with the requirements set out in the CPR, market surveillance authorities have powers to direct the relevant economic operator to take the necessary corrective actions to bring the product into compliance. Where this does not work, there are further procedures that may result in the product being withdrawn or recalled from the market, its use subject to special conditions, or the products availability on the market being prohibited or restricted.

Ireland’s National market surveillance programme 2021 is published on the website of the European Commission. Section 2.5 provides specific details with the market surveillance of construction products and outlines a market surveillance campaign led by DCC-NBCO, which has recently commenced, to perform risk assessments of selected quarrying and pit operations, follow-up inspections, sampling and testing as appropriate to ensure compliance with the CPR.

Whilst the CPR focuses on the conditions which apply when placing a product on the market, clients, specifiers, designers and builders etc., should:

- when drawing up specifications, refer to the harmonised technical specifications and specifically to the requirements of individual characteristics when necessary,

- when choosing the products most suitable for their intended use in construction works, review the manufacturer’s Declaration of Performance,

- check the Standard Recommendations published by NSAI, which give guidance on appropriate minimum performance levels for specific intended uses of the product in Ireland, and

- ensure compliance with the Building Regulations 1997 to 2021, in this regard all works should be carried out in a workmanlike manner, using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.

In relation to ‘poured concrete’ (commonly called ready-mix concrete), the current European standard is ‘I.S. EN 206-1:2013+A2:2021, Concrete - Part 1: Specification, performance, production and conformity’ . This standard requires the manufacturers of ready-mix concrete to demonstrate conformity to a series of specified requirements. Manufacturers must issue a formal Declaration of Conformity along with relevant documentation before they can dispatch ready-mix concrete.

As I.S. EN 206-1:2013+A2:2021 is not a harmonised standard within the scope of the CPR, NSAI has published additional guidance in the form of an Irish National Annex, which specifies among other requirements, the recommended limiting values required for concrete mixes for the various exposure classes. These values are applicable to the specification or use of concrete in Ireland. I.S. EN 206-1+A2:2021 places significant responsibility upon manufacturers of ready-mix concrete to demonstrate conformity to a series of specified requirements.

NSAI has also put in place a product certification scheme covering ready-mix concrete. This entails an initial inspection of the concrete plant focusing on:

- The production control manual and the degree of conformity to I.S. EN 206–1 and National Annex;

- Inspection of relevant documentation,

- Facilities and equipment,

- Staff training, experience and knowledge,

- Issuing a Certificate of Conformity.

All the relevant information from the initial inspection and assessment of the system is documented in an NSAI Assessment Report. This report will be issued after the plant has passed the initial inspection, along with a Certificate of Conformity to I.S. EN 206-1:2002 and Irish National Annex.

To maintain certification, qualified NSAI personnel will continue to carry out regular inspections. As a minimum, the following will be examined:

- Sampling and testing procedures,

- Recorded data,

- Test results obtained for production control during the inspection period,

- Frequency of required tests or procedures,

- Scheduled production equipment checks and maintenance,

- Scheduled test equipment maintenance and calibration,

- Actions taken with respect to any non-conformity,

- Delivery tickets, and the Declaration of Conformity where relevant,

- Maintenance of the production control system.

NSAI also take ongoing spot samples to verify the accuracy of the producer’s routine testing procedures. Where significant changes are made to facilities at the production place, system or manual, the producer must notify these changes to NSAI. Following review, NSAI may determine that an on-site re-inspection is appropriate.

Finally, the overarching requirement under Part D (Material and Workmanship) of the Building Regulations 1997-2021 requires that all works should be carried out:

- Using proper materials which are fit for the use for which they are intended and for the conditions in which they are to be used.

- With a proper standard of workmanship and the appropriate use of any material to achieve compliance with the requirements of the Regulations.

- By competent persons with sufficient training, experience and knowledge appropriate to the nature of the work he or she is required to perform and having particular regard to the size and complexity of such works so as to ensure a proper standard of workmanship.

The primary responsibility for compliance with the Building Regulations 1997-2021 rests with the designers, builders and owners of buildings. Interpretation of the legislation is, ultimately, a matter for the Courts and implementation of the Building Control system is a matter for the 31 local building control authorities, who are independent in the exercise of their statutory powers.

Housing Schemes

Questions (194)

Duncan Smith

Question:

194. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he will ensure that any scheme for the remediation of homes with pyrite or MICA in the block work will not be limited on a geographic basis and that any homes impacted by this will be included regardless of location; and if he will make a statement on the matter. [49790/21]

View answer

Written answers

The Dwellings Damaged by the Use of Defective Concrete Blocks in Construction (Remediation) (Financial Assistance) Regulations 2020 provide for a grant scheme of financial assistance to support affected homeowners in the counties of Donegal and Mayo only, to carry out the necessary remediation works to dwellings that have been damaged due to the use of defective concrete blocks. The regulations came in to operation on 31 January 2020 and it has been open for applications since the end of June 2020.

The Defective Concrete Blocks Grant scheme was informed by the report of an Expert Panel which was published in 2017 which involved extensive research, investigations and analysis. Any consideration of an extension to the Defective Concrete Blocks Grants Scheme would, in the first instance, require the relevant local authority to conduct the same rigorous analysis as that carried out in Donegal and Mayo.

Such analysis would need to demonstrate that identified issues in other Counties were due to the presence of excessive amounts of deleterious materials (mica or pyrite) in the aggregate used to manufacture the concrete blocks. The relevant "I.S.465" protocol would need to be followed in this regard. The extent of the problem would also need to be quantified. Pending the receipt of and consideration of such analysis it would be premature to consider an extension of the scheme. Any extension of the scheme would also have to be the subject of budgetary discussions with the Department of Public Expenditure and Reform.

Planning Issues

Questions (195)

Mairéad Farrell

Question:

195. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if it is intended to have public consultations as part of the planning legislation review that was announced on 28 September 2021; and if he will make a statement on the matter. [49798/21]

View answer

Written answers

Housing for All sets out a number of objectives with the aim of improving the functioning of the planning system including the comprehensive review and consolidation of planning legislation to be conducted in conjunction with the Office of the Attorney General. It intended that this review will be completed by December 2022.

This review forms one of the actions in Housing for All and is set in the context of the broad policy outlined therein.

My Department is currently establishing a Planning Advisory Forum which will be a key element of the planning review. It will manage the stakeholder engagement through the process and will be chaired by my colleague, Peter Burke, Minister of State with responsibility for Planning and Local Government. The overall aim of the planning legislative review is to ensure the clarity and coherence of the legislation, and will aim to avoid unnecessary change. However, if significant policy issues emerge through this process, my Department will consider the need for consultation beyond the Planning Advisory Forum.

The primary aim of the Forum will be to engage with stakeholders on themes to input into the review of planning legislation. It is intended that the Forum will have a wide stakeholder membership to input to the evolving policy and legal agenda, with representatives from a broad range of sectors, including representation from the public sector, business, environmental, social and knowledge based sectors. My Department will shortly be contacting various groups and interested bodies to ask them to participate in it.

Housing Schemes

Questions (196, 197)

Eoin Ó Broin

Question:

196. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of affordable rental homes that will be completed by the end of 2021 via the cost rental equity loan. [49818/21]

View answer

Eoin Ó Broin

Question:

197. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of affordable rental homes that will be completed by the end of 2021 via the serviced sites fund and the affordable housing funding scheme. [49819/21]

View answer

Written answers

I propose to take Questions Nos. 196 and 197 together.

Budget 2021 allocated €35m for a new Cost Rental Equity Loan (CREL) scheme, under which the Government is making loans to Approved Housing Bodies (AHBs) on favourable terms, for up to 30% of the capital cost of new homes for Cost Rental. Following a Call for Proposals from AHBs in December 2020, a rigorous assessment process was undertaken by my Department and the Housing Agency.

In February 2021, I announced approval-in-principle for the CREL financing of 390 new homes at eight sites across Ireland this year, to be owned, managed and maintained by the Clúid, Respond and Tuath AHBs. These projects are located in Dublin, the surrounding Greater Dublin Area and Cork City, with each development delivering cost-covering rents for homes on average at least 25% below comparable open market prices.

In total, approximately 115 Cost Rental homes will be delivered by end 2021. The first of these which were CREL-financed homes, have been delivered by the Clúid AHB at Taylor Hill, Balbriggan, where tenants moved in to their new homes at the end of August. The cost-covering rents for these Taylor Hill homes are averaging 38% below comparable open-market prices in the area, ranging from €935 per month for a two-bed terraced house to €1,150 for a four-bed detached house. The Clúid AHB owns, manages and maintains the 25 homes, which they acquired with the assistance of a €2.4m CREL loan. A further 50 Cost Rental apartments are due for completion shortly at Enniskerry Road, for which tenancy applications have already been accepted.

Delivery of CREL homes is subject to construction schedules, which, together with housing projects more generally, were impacted by COVID delays at the beginning of this year. The initial timeframes submitted by AHBs were based on all efforts being made to deliver the homes as soon as possible. As AHBs sought to use CREL funding to allow developers to construct homes that may otherwise not have been delivered, the commencement of construction on these specific units was, in most instances, not possible until the lifting of relevant COVID restrictions.

The revised timeframes for delivery under the first CREL call are currently being collated. Based on delivery estimations from the relevant AHBs, a further estimated 134 additional Cost Rental homes under CREL 1 call will be in place by end Q1 2021. The remaining CREL homes will come on stream by Q4 2022.

Affordable homes on local authority land are to be made available through the Affordable Housing Fund (AHF), previously known as the Serviced Sites Fund (SSF). Currently, 40 AHF projects, across 14 local authorities, have received approval in principle and will assist in the delivery of just over 4,200 affordable homes to buy or to rent.

The pilot Cost Rental development at Enniskerry Road in Dún Laoghaire, which has benefitted from AHF subvention, will see cost-covering rents for 50 two-bedroom apartments of €1,200 per month, in an area where comparable market rents are c. €2,000 per month. The first affordable purchase homes supported by AHF funding, will be delivered in Quarter 4 of 2021 at Boherboy Road, Cork City.

Just one year after coming in to office, this Government had introduced what is a brand new form of tenure in Cost Rental. It has placed Cost Rental on a statutory basis through the provisions of the Affordable Housing Act 2021, the first ever stand-alone affordable housing legislation in the State. It has established administrative provisions and provided the funds which have seen the first tenants already in long-term and secure homes, at up to 50% of the comparable market cost.

The Government recently confirmed plans to significantly increase delivery and the Housing for All Strategy is the most ambitious housing plan in the history of the State, backed up by an unprecedented financial commitment in excess of €4bn per annum. Over the period 2021 to 2030, it is intended that approximately 18,000 Cost Rental homes will be delivered by Local Authorities, Approved Housing Bodies and the Land Development Agency. In building to this scale and with an average of 2,000 Cost Rental Units per year, the State will provide certain focused funding supports to help delivery partners to provide rental homes, targeting affordable rents at levels in the order of 25% below market rents.

Question No. 197 answered with Question No. 196.

Housing Schemes

Questions (198)

Eoin Ó Broin

Question:

198. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the number of affordable purchase homes that will be completed by the end of 2021 via the serviced sites fund and the affordable housing funding scheme. [49820/21]

View answer

Written answers

Following two broad-based Serviced Sites Fund (SSF) calls for proposals to local authorities, funding of almost €200 million was approved in principle in support of 40 infrastructure projects in 14 local authority areas across 9 counties to assist in the delivery of almost 4,200 affordable homes for purchase or for rent.

Since then and arising from the Programme for Government commitment to extend the Serviced Sites Fund (SSF), a review of SSF progress and projects to date was undertaken. Having regard to feedback from local authorities, a number of significant improvements to the funding scheme, now named the Affordable Housing Funding (AHF) scheme, have been agreed and communicated to local authorities by way of Circular in June 2021.

For those SSF schemes that are currently under construction, the Covid pandemic has had an impact on the projected timelines for delivery of housing, due to the closure of the construction sector earlier this year. Accordingly, the first projects to be delivered in 2021 will be the pilot Cost Rental project at Enniskerry Road and the first affordable purchase homes will be the first phase of the Boherboy Road scheme in Cork City. There will be 8 affordable purchase homes delivered in this first phase of this development.

The Housing for All Strategy delivers on the Programme for Government commitment to step up housing supply and put affordability at the heart of the housing system, with an ambitious target of 300,000 homes over the next decade for social, affordable and cost rental, private rental and private ownership housing.

Measures to deliver this housing are supported by over €4 billion in funding annually, representing the highest ever level of Government investment in building social and affordable housing. 54,000 affordable homes interventions will be delivered between now and 2030 to be facilitated by local authorities, Approved Housing Bodies, the Land Development Agency and through a strategic partnership between the State and retail banks.

Delivery of affordable housing, in accordance with the schemes set out in the Affordable Housing Act, 2021 and the funding being made available, will be underpinned by the preparation by local authorities of Housing Delivery Action Plans. Local authorities will be submitting their Plans to me, to include social and affordable housing, before the end of December 2021. This will allow each Local Authority to determine any affordability constraint in their area based on the Housing Need and Demand Assessment and plan provision accordingly.

Planning Issues

Questions (199)

Eoin Ó Broin

Question:

199. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the status of the completion and publication of the updated guidelines for rural planning that were due to be published in Q1 of 2021. [49821/21]

View answer

Written answers

Under the Guidelines for Planning Authorities on Sustainable Rural Housing 2005, issued under section 28 of the Planning and Development Act 2000, as amended, planning authorities are required to frame the planning policies in their development plans in a balanced and measured way that ensures the housing needs of rural communities are met, while avoiding excessive urban-generated housing. The Guidelines are available on the Government’s website at the following link: www.gov.ie/en/publication/23809-sustainable-rural-housing-development-guidelines/.

Since 2018, the National Planning Framework (NPF) is the national planning policy document providing overall strategic policy for the future development of Ireland through specific National Policy Objectives (NPOs) that aim to support the overall rural and small town pattern of development in Ireland and deliver strengthened and diversified rural communities. NPO 19 aims to ensure that a policy distinction is made between areas experiencing significant ‘overspill’ development pressure from urban areas within the commuter catchment of cities, towns and centres of employment, on the one hand, and remoter rural areas where population levels may be low and or declining, on the other.

NPO 19 is aligned with the established planning approach whereby considerations of social (intrinsic part of the community) or economic (persons working full or part-time) need may be applied by planning authorities in certain rural areas under urban influence in order to prevent urban sprawl.

Updated Rural Housing Planning Guidelines are currently being prepared by my Department to ensure consistency with new requirements and legislation at national and EU level introduced in respect of areas related to rural housing such as environmental protection, the Gaeltacht and climate action. The new guidelines will ensure a more consistent approach between counties and alignment with NPF objectives, and will be published in draft before the end of 2021.

Housing Policy

Questions (200)

Eoin Ó Broin

Question:

200. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when the 2021 housing needs assessment report will be published by the Housing Agency. [49822/21]

View answer

Written answers

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).

In line with the 2020 exercise, I have directed the local authorities to carry out the Summary of Social Housing Assessments 2021 in November.

The process is currently ongoing and once the data has been garnered from the local authorities, the Housing Agency will compile the Report for SSHA 2021 which will be published in due course.

Departmental Data

Questions (201)

Peadar Tóibín

Question:

201. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage the amount allocated to Limerick City and County Council for emergency accommodation for 2020 and 2021; and the amount spent and drawn down per month. [49881/21]

View answer

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 costs incurred on the provision of services. Under these 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. Therefore, the exact spend by housing authorities on homeless services is a matter for individual housing authorities.

Exchequer funding is provided through my Department to housing authorities on a regional basis. Limerick is included in the Mid West region for the purposes of homeless administration, along with Clare. In 2020 a total of €9.2 million was recouped to the Mid West region towards its regional homeless services programme and funding recouped towards expenditure incurred in implementing exceptional Covid-19 measures. The amount recouped to date in 2021 is €6.2m.

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: www.gov.ie/en/collection/80ea8-homelessness-data/#local-authority-regional-financial-reports

Planning Issues

Questions (202)

Jennifer Whitmore

Question:

202. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if exemptions to planning permission fees will be provided for a community and school seeking planning permission to put in place solar panels; and if he will make a statement on the matter. [49910/21]

View answer

Written answers

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.

My Department, in the context of the Climate Action Plan and in consultation with the Department of Environment, Climate and Communications, has undertaken a review of the solar panel planning exemptions set out in the Regulations, with a particular focus on facilitating increased self-generation of electricity.

This review is now complete. Substantial changes to the current planning exemption thresholds for solar panels are proposed, as well as the introduction of new classes of solar panel planning exemptions relating to their use in apartments and in educational/community/religious buildings.

As a result of the imminent introduction of the revised exempted development regulations in respect of solar panels and subject to compliance with the conditions attached to the relevant proposed exemptions, there will be no need to seek planning permission for a wide range of solar developments in the above-mentioned classes of buildings. Accordingly, no planning permission fees will apply in this regard.

Notwithstanding this, article 157 of the Planning and Development Regulations 2001-2021 sets out certain exemptions from the payment of fees for planning applications for development which 'in the opinion of the planning authority, is development proposed to be carried out by or on behalf of a voluntary organisation, and which in the opinion of the planning authority...is designed or intended to be used for social, recreational, educational or religious purposes by the inhabitants of a locality, or by people of a particular group or religious denomination, and is not to be used mainly for profit or gain...'.

The application of this specific fee exemption provision is a matter for the relevant planning authority and my Department has no role in relation to the matter.

Citizens' Assembly

Questions (203)

Jennifer Whitmore

Question:

203. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage the status of the establishment of a citizens’ assembly on biodiversity; and if he will make a statement on the matter. [49913/21]

View answer

Written answers

The convening of a Citizens' Assembly on Biodiversity is under discussion at a senior level between the Department of the Taoiseach and my Department. The timing and scheduling of the Assembly will depend on the outcome of these discussions and on a number of external factors which need to be considered before the scope and terms of the Assembly are framed.

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