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Tuesday, 2 Nov 2021

Written Answers Nos. 331-363

Sports Funding

Questions (338)

Pa Daly

Question:

338. Deputy Pa Daly asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the status of the review of the Large Scale Sports Infrastructure Fund; and if she will make a statement on the matter. [53323/21]

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Written answers

The Large Scale Sport Infrastructure Fund (LSSIF) was launched in 2018 to provide Exchequer support for larger sports facility projects, including swimming pools, with at least €100m being made available over the period to 2027.

The first allocations under the LSSIF were announced in January 2020 and, thus far, approximately €86.4m has been awarded to 33 different proposals. The total funding applied for under the scheme significantly exceeded the amount available to allocate and it was not possible to allocate grants to many worthy projects.

While the priority in the short term is to advance all of the successful projects, as it is now over 18 months since the first allocations were made, and in view of the issues faced by grantees as a result of the COVID-19 pandemic, it is timely to review progress on all projects allocated grants. My Department is meeting with all grantees in this regard and this process is now nearing completion.

Once that review is complete the scope for awarding new grants to projects which missed out under the first set of allocations and the timing of any new call for proposals will be considered. It is expected that the review will be completed in the coming weeks.

Foreshore Issues

Questions (339)

Brendan Griffin

Question:

339. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage when a foreshore licence will issue to club (details supplied) in County Kerry; if the licence will commence from the date of issue; and if he will make a statement on the matter. [53376/21]

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Written answers

The Minister for Public Expenditure and Reform has approved the granting of a State Property Lease, pursuant to the State Property Act 1954 (as amended), to Callinafercy Rowing Club for a term of 35 years.

The Chief State Solicitors Office (CSSO) and legal representatives, acting on behalf of the Club are currently finalising the content and terms of the lease in this regard.

Once the process of finalising the lease is complete, the lease can proceed to be executed and exchanged, subject to payment of any funds due thereunder.

Flood Risk Management

Questions (340)

Ivana Bacik

Question:

340. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he has considered introducing legislation to regulate new developments which pose a risk of flooding to compel developers to build catchment pools to mitigate flooding risks (details supplied). [52034/21]

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Written answers

The Office of Public Works (OPW) is the lead State body for the coordination and implementation of Government policy on the management of flood risk in Ireland. Under section 30 of the Planning and Development Act 2000 (as amended), the Minister is precluded from exercising power or control in relation to any particular case with which a planning authority or An Bord Pleanála is, or may be, concerned.

Consideration of flood risk is embedded into the planning system through the issuing of Section 28 Guidelines for planning authorities entitled The Planning System and Flood Risk Management (further updated by Circular PL2/2014). The guidelines introduce comprehensive mechanisms for the incorporation of flood risk identification, assessment and management into the planning process (namely the preparation of statutory land-use plans and at planning application stage) at national, regional, local authority and site-specific levels. These guidelines require the planning system to:

- Avoid development in areas at risk of flooding, particularly floodplains, unless there are proven wider sustainability grounds that justify appropriate development and where the flood risk can be reduced or managed to an acceptable level without increasing flood risk elsewhere;

- Adopt a sequential approach to flood risk management when assessing the location for new development based on avoidance, reduction and mitigation of flood risk; and

- Incorporate flood risk assessment into the process of making decisions on planning applications and planning appeals.

However, because of climate change, the impact of extreme rainfall events is becoming more frequent. In turn, this can significantly increase both the level of pollution from urban run-off and the risk of flooding.

In preparing Ireland for these challenges, my Department is continuing to develop and review appropriate adaption measures. Among the actions identified in the second-cycle River Basin Management Plan was the delivery of guidelines for planning authorities on the relationship between physical planning and river basin management planning.

The development of these “Guidelines for the Incorporation of the Water Framework Directive into the Planning System” is intended to assist planning authorities in meeting their legal obligations under the Water Framework Directive. One key objective of these guidelines is the promotion of sustainable rainwater management solutions and the strategic use of nature-based solutions at catchment scale. The guidance will provide advice on how to integrate best practice measures at forward planning and planning permissions to avoid, reduce and / or remedy negative impacts to water quality and where possible, to enhance water quality through well-designed measures with multiple benefits not only for water quality, but biodiversity, climate and flood risk.

In line with a proposed action in the recently published draft third-cycle River Basin Management Plan for Ireland, my department will seek to progress any amendments to the planning and development legislation that is required to give effect to this new guidance. In the meantime, a public consultation on the draft guidelines will be undertaken to provide stakeholders with the opportunity to comment prior to finalisation.

In addition, my Department is also finalising an interim guidance document, “Nature-based Solutions to the Management of Rainwater and Surface Water Run-off in Urban Areas” which will be published shortly and will be a step towards addressing flood risk in a natural way.

This interim guidance document is for urban planners and designers and shows how to move towards a more systematic and sustainable approach to urban planning through Water Sensitive Urban Design. This is to be achieved through the replacement of impermeable surfacing with nature-based planted areas that are designed to absorb, retain, store and treat urban run-off prior to discharge back to the environment. This will reduce pollution and flood risk as well as improving biodiversity. There is an urgent need to address this issue by the retention of rainwater as close as possible within the catchment to where it occurs, and the management of any surface water flows within an urban area.

Forestry Sector

Questions (341)

Pa Daly

Question:

341. Deputy Pa Daly asked the Minister for Housing, Local Government and Heritage the action he will take regarding necessary repairs at a location (details supplied). [52042/21]

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Written answers

I refer to the reply to Question No. 222 of 7 October 2021 which sets out the position in this matter.

Local Authorities

Questions (342)

Alan Dillon

Question:

342. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage the way the framework for local authority submissions for the 2022-2024 Multi Annual Rural Water Programme is being developed; the total funding made available by his Department; when applications will be accepted; and if he will make a statement on the matter. [52069/21]

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Written answers

My Department, under the oversight of the Rural Water Working Group, is reviewing the Framework for the upcoming Multi-annual Rural Water Programme 2022-2024.

The organisations that are participating on the Working Group reflect the importance and wide ranging impact of the Rural Water Sector. In addition to my Department (Chair), the Working Group comprises of: the Department of Rural and Community Development, the Environmental Protection Agency, the Health Service Executive, the National Federation of Group Water Schemes and the County and City Management Association. The Working Group is also consulting with other relevant stakeholders, including Irish Water.

The aim of the Framework is to provide guidance to local authorities, private water suppliers and their technical advisors on the process, structure and broader criteria required for the multi-annual programme. In reviewing the Framework the Working Group is also considering emerging demands within the Rural Water Sector, to expand and improve on the previous multi-annual programme.

Under the National Development Plan 2021-2030 funding has been allocated over the period 2021 to 2025 for (non-Irish Water) investment in rural water infrastructure. This includes €175 million for the Rural Water Programme to be delivered through the multi-annual programme.

I expect to receive a submission on the Framework in the coming weeks for my consideration with, subject to my approval, the bids process for the upcoming multi-annual programme to take place early in the new-year.

Invasive Species Policy

Questions (343)

Paul McAuliffe

Question:

343. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage the advice to local authorities in relation to the invasive species Japanese Knotweed on derelict private property; if councils have a role in controlling the invasive species on private property and or the powers that exist to intervene on a matter in the case of derelict properties; and if he will make a statement on the matter. [52094/21]

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Written answers

Invasive alien species legislation is contained within the Wildlife Acts and the European Communities (Birds & Natural Habitats) Regulations, SI 477 of 2011.

Legal responsibility for the eradication, containment or management of invasive alien species resides with the landowner.

Under the Derelict Sites Act 1990, local authorities are responsible for dealing with derelict sites in their area.

Housing Policy

Questions (344)

Pa Daly

Question:

344. Deputy Pa Daly asked the Minister for Housing, Local Government and Heritage his views on the €250,000 limit which applies on Rebuilding Ireland home loans in view of increased building costs. [52113/21]

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Written answers

My Department operates the Rebuilding Ireland Home Loan, which is targeted at first time buyers who wish to own their own home, have access to an adequate deposit and have the capacity to repay a mortgage, but who are unable to access a mortgage sufficient for them to purchase their first home.

The loan enables credit worthy first time buyers to access sustainable mortgage lending to purchase new or second-hand properties or to build their own home in a suitable price range.

With a Rebuilding Ireland Home Loan you can borrow up to 90% of the market value of a residential property. Maximum market values of the property that can be purchased or self-built are:

- €320,000 in the counties Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow, and

- €250,000 in the rest of the country.

This limits the amount that can be borrowed to no more than €288,000 in the counties Cork, Dublin, Galway, Kildare, Louth, Meath and Wicklow and no more than €225,000 in the rest of the country. From an analysis of the scheme to date, the majority of loans advanced are for second hand homes. There are no plans at present to change the house price limits.

Planning Issues

Questions (345, 368, 369, 387, 391)

Sorca Clarke

Question:

345. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage if he will provide information 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 he will provide information 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. [52173/21]

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Ivana Bacik

Question:

368. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the status of a review of planning regulations as they pertain to solar panels; and the timeline for the completion of same. [52562/21]

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Ivana Bacik

Question:

369. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if there are plans to put in place an exemption for schools looking to install solar panels on their buildings; and if costs for obtaining planning permission to install solar on educational and community buildings will be waived or discounted. [52563/21]

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Patricia Ryan

Question:

387. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will provide for information on his Department's review of siting and size conditions for rooftop solar panels on homes and a review of exemptions for educational and community buildings as part of the current development of interim planning regulations; if he will provide information 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. [52789/21]

View answer

Fergus O'Dowd

Question:

391. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage the status of the review of the strategic environmental assessment of draft interim regulations for planning exemptions on solar panels installation for home and businesses; and if he will make a statement on the matter. [52879/21]

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Written answers

I propose to take Questions Nos. 345, 368, 369, 387 and 391 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.

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.

In light of the need to appropriately address aviation safety concerns arising from the “glint and glare” impacts of solar panels and the easing of the solar panel planning exemption thresholds, my Department is in the process of commissioning the development of detailed aviation safeguarding maps which will identify and delineate specific but limited areas in the vicinity of airports and aerodromes (referred to as exclusion zones) within which the exemptions will not apply. Project scoping feedback has been received from interested parties through the draft Request for Tender process and has been considered by my Department in the development of the final Request for Tender documentation. My Department intends to publish the call for tender shortly.

Whilst this work is ongoing, my Department has advanced interim regulations, adopting a temporary, albeit more stringent, radial approach incorporating initial defined exclusion zones around airports and aerodromes. These interim regulations, allowing for increased solar panel planning exemptions, will cover the vast majority of the land area of the country, only excluding those limited exclusion zones around airports and aerodromes.

The draft interim regulations have been reviewed under the Strategic Environmental Assessment (SEA) Directive 2001/42/EC and it has been determined that they are likely to have significant effects on the environment, necessitating the undertaking of a full SEA on the draft proposals. It is anticipated that the formal SEA process will commence, with consultation with the statutory environmental authorities to inform the content of the Environmental Report, following the completion of the screening for Appropriate Assessment by my Department’s Ecological Assessment Unit. The SEA Environmental Report will be published alongside a draft of the interim regulations for a period of public consultation of not less than 4 weeks. This public consultation is expected to commence in December. A copy of the draft interim regulations and the Environmental Report will be made available for inspection over this period. Written submissions or observations will be taken into consideration before finalisation of the draft interim regulations in early 2022.

As required under planning legislation, the 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 and the SEA process concluded.

Accordingly, the process for finalising the interim solar panel planning exemptions as referred to above, with interim exclusion zones around airports and aerodromes, is now expected to be completed in early 2022. As outlined, pending the finalisation of the aforementioned aviation safeguarding maps, these interim regulations will allow for the vast majority of the country to be covered by the proposed new solar panel exemptions apart from those areas in close proximity to airports and aerodromes.

Work on the development of the aviation safeguarding maps for airports and aerodromes is expected to be completed in Q2 2022. The final supplementary set of regulations - delineating the final exclusion areas around airports and aerodromes in which the exemptions will not apply - will be prepared thereafter and, subject to environmental reporting considerations, will subsequently be laid in draft form before the Houses of the Oireachtas for approval in a timely manner.

As a result of the imminent introduction of the revised interim exempted development regulations in respect of solar panels, and subject to compliance with the conditions and limitations associated with 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. The application of a specific fee exemption provision is a matter for the relevant planning authority and my Department has no role in relation to the matter.

Register of Electors

Questions (346)

Sorca Clarke

Question:

346. Deputy Sorca Clarke asked the Minister for Housing, Local Government and Heritage if his Department plans to extend the online voter registration on voter.ie beyond Dublin; and if he will make a statement on the matter. [52174/21]

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Written answers

The Programme for Government - Our Shared Future commits to the delivery of an ambitious programme of electoral reform, including the modernisation of the electoral registration process. These reforms will be underpinned by the Electoral Reform Bill, which is currently being drafted.

The modernisation includes the introduction of continuous or rolling registration; the simplification of forms and processes; the use of PPSNs in the registration process; as well as the gradual roll-out of an online option for registration. Together, these reforms will simplify and streamline the process of registration, making it easier for people to register to vote and update their details and for local authorities to maintain and update their registers.

Voter.ie is an initiative of the Dublin local authorities. It is an on-line platform, which offers online registration via MyGovID as well as a shared database within which each local authority continues to manage its register. On foot of a technical evaluation of the platform and its suitability for national roll-out, my Department established a governance structure drawn from central and local government to consider to consider the further development of Voter.ie in this regard. This work is ongoing.

Planning Issues

Questions (347)

John McGuinness

Question:

347. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage the number and percentage of appeals to An Bord Pleanála to date in 2021 that have not been decided within the prescribed 18 week period; and if he will make a statement on the matter. [52206/21]

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Written answers

An Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.

Section 126 of the Act provides that it shall be the duty and objective of the Board to decide appeals as expeditiously as may be and, for that purpose, to take all such steps as are open to it to ensure that, insofar as is practicable, there are no avoidable delays at any stage in the determination of appeals.

Section 126 also provides that it shall be an objective of the Board to ensure that every appeal is determined within 18 weeks beginning on the date of receipt of an appeal. Where it is not possible or appropriate, because of the particular circumstances of an appeal, to determine an appeal within the 18 week period the Board is required to notify the participants in the appeal before the expiration of that period giving the reason for not meeting the objective target and specifying a date before which the Board intends to determine the appeal. Where any case has exceeded the statutory objective period then the Board will have written to the parties involved as per these statutory requirements. In circumstances where any new date is not met it is my understanding it is the practice of the Board to also notify the parties of that and the reason for the further delay.

The Board’s 2021 Performance Delivery Agreement with the Department reflects an overall target to determine 60% - 75% of all normal planning appeal cases within the 18 week statutory objective period. It is my understanding that, as of end September 2021, 39% of all such cases disposed were not concluded within this 18 week target.

It is important to acknowledge that a certain percentage of cases, due to particular circumstances, such as complexity, requests for further information from applicants for permission or further submissions from other participants including third parties, will not meet the 18 week target.

My Department will continue to liaise closely with the Board to ensure that it has appropriate resources to maintain and improve its compliance rate, in line with its annual Performance Delivery Agreement targets.

Planning Issues

Questions (348)

John McGuinness

Question:

348. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage the number of occasions to date in 2021 that An Bord Pleanála has refused planning permission in circumstances in which the relevant local authority had decided to grant permission; the number of residential units refused by An Bord Pleanála to date in 2021; and if he will make a statement on the matter. [52207/21]

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Written answers

An Bord Pleanála was established in 1977 under the Local Government (Planning and Development) Act, 1976 and is an independent statutory body with responsibility for the determination of planning appeals and direct applications for proposed strategic infrastructure including strategic housing development and other matters under the Planning and Development Act 2000 (as amended) and certain other Acts.

I wish to explain at the outset that the role of the Minister in relation to the planning system is, primarily, to provide a policy and legislative framework under which the planning authorities, An Bord Pleanála and the Office of the Planning Regulator (the OPR) perform their statutory planning functions. Under section 30 of the Planning and Development Act 2000, as amended, as Minister, I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is, or may be concerned.

The day-to-day operation of the planning system is a matter for the planning authorities, and for the Board in relation to direct applications and planning appeals. Under section 143 of the Planning and Development Act, An Bord Pleanála is required to have regard to the policies and objectives of the Government, a state authority, the Minister, planning authorities and any other public authority whose functions have, or may have a bearing on the proper planning and sustainable development of cities towns or other areas, whether urban or rural.

I understand that, as at end September 2021, An Bord Pleanála had received a total of 1,796 normal planning appeals and refused permission in 139 cases where the original decision of the planning authority was to grant permission. A total of 83 of these 139 refusals were classified as residential/new units, the nature of the proposed developments ranging from one off houses to a 98 unit development. The total number of residential units refused was 664, of which 170 were one-off houses.

I wish to advise the Deputy that arrangements have been put in place by each Agency under the remit of my Department, including An Bord Pleanála, to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for An Bord Pleanála in this regard is oireachtasqueries@pleanala.ie.

Planning Issues

Questions (349)

John McGuinness

Question:

349. Deputy John McGuinness asked the Minister for Housing, Local Government and Heritage if independent contractors are employed or have been employed by An Bord Pleanála as inspectors; and if he will make a statement on the matter. [52208/21]

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Written answers

Sections 120 and 124 of the Planning and Development Act, 2000 (as amended) allows the Board to employ and engage persons, consultants and advisors in a part time capacity to be remunerated by fees, as it considers necessary for the performance of its functions.

The Board has used these provisions to:

- appoint Inspectors, Consultants and Specialist Consultants on a fee per case (FPC) basis and/or on a daily/hourly rate basis, both in the past and at present.

- tender for Planning Companies in the early 2000’s to act as part time Inspectors.

- appoint fee per Case (FPC) inspectors between 2000 and 2011. These qualified planners generally reported on smaller/less complex cases. FPC inspectors were last engaged in 2018 and there is currently no panel of FPC inspectors in place.

- appoint Fire Safety Consultants and Disability Access Consultants who assist with certain Building Control appeals (6 to date in 2021 ).

- engage Specialist Consultants when necessary for particular Strategic Infrastructure Development (SID) and Local Authority Projects/SID cases as they arise (3 to date in 2021).

The Board is required, under Section 124(2) of the Planning & Development Act, 2000 (as amended), to include a statement on the names of the persons engaged under Section 124 as Consultants or Advisors in its Annual Report.

Planning Issues

Questions (350)

Eoin Ó Broin

Question:

350. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if the deadline for pre-application strategic housing development submissions has been extended beyond October 2021; the reason for this extension; the date of the new deadline; and if the new deadline for formal strategic housing development applications to An Board Pleanála will be prior to the discontinuation of the controversial strategic housing development fast-track planning process. [52221/21]

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Written answers

The Programme for Government - Our Shared Future commits to not extending the SHD arrangements beyond their legislative expiry date of end December 2021, which has now been extended to 25 February 2022 arising from the Covid-related extension of statutory deadlines within the planning system by 8 weeks in respect of the period March to May 2020. Work has been advancing to prepare for new arrangements to replace these provisions, which will have the potential to be almost as time-efficient as the SHD arrangements but will also return the primary decision-making function to the local level, with associated gains in terms of public participation.

These proposals were outlined by my colleague, Minister O'Brien, in a Memorandum to Government on 13 July 2021, accompanied by a General Scheme of a Planning and Development (Amendment) (Large Scale Residential Development (LSRD)) Bill 2021 (the General Scheme), which is available at: www.gov.ie/en/publication/a10f2-general-scheme-of-planning-and-development-amendment-lsrd-bill-2021/

Pre-legislative scrutiny of the General Scheme was undertaken by the Joint Oireachtas Committee (JOC) on Housing, Local Government and Heritage in September 2021 and the JOC Report on the General Scheme has now been received by my Department.

My Department has finalised the drafting of a Bill – now to be titled the Planning and Development (Large-scale Residential Development - LRD) Bill 2021 - in consultation with the Office of the Attorney General. Government approval for the publication of the LRD Bill is being sought on 4 November 2021, following which the Bill will be progressed through both Houses of the Oireachtas as expeditiously as possible with a view to enactment during the current Oireachtas session.

Due to the additional time associated with the JOC pre-legislative scrutiny of the General Scheme and other issues arising, the "indicative" transitional timelines outlined in Head 13 of the General Scheme in relation to the winding-up of the SHD planning arrangements and their replacement by the new LRD arrangements no longer apply.

My Department is collaborating with the Houses of the Oireachtas on the timings for the progression of the Bill and it is intended that the legislative process will be concluded as speedily as possible during the current Oireachtas session. Pending the enactment of the Bill and the making of supplementary LRD regulations, the existing SHD arrangements remain in force. In effect, SHD pre-application consultation requests and SHD planning applications may continue to be made to the Board for the time being until the LRD Bill is enacted and the supplementary LRD regulations are in place.

In this regard, Circular Letter PL 10-2021 issued to planning authorities, including An Bord Pleanala, on 22 October 2021, indicated that it is intended that, subject to Oireachtas approval and Presidential signature of the Bill, the SHD system will transition from 17 December 2021 and be replaced by the new LRD planning regime.

Planning authorities will be notified by further Circular Letter when the necessary legislation is in place and the coming into effect of the new LRD arrangements.

Housing Policy

Questions (351)

Paul Donnelly

Question:

351. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage the actions that are being taken to reduce the number of persons on social housing lists from going over the income threshold through no fault of their own other than being on the housing list for a number of years. [52261/21]

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Written answers

Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended.

The 2011 Regulations prescribe maximum net income limits for each local authority, in different bands according to the area concerned, with income being defined and assessed according to a standard Household Means Policy. The 2011 Regulations do not provide local authorities with any discretion to exceed the limits that apply to their administrative areas.

Once a household has been assessed and been found to qualify for social housing support, the Housing Assistance Payment (HAP) is a flexible and immediate housing support that is available to all eligible households throughout the State. HAP tenants find their own accommodation in the private rented market.

Where a household does not avail of HAP, they are put on the waiting list for a social housing home, which is allocated in accordance with the local authorities allocation scheme. Regulation 29 of the 2011 Regulations provides that the household’s qualification for support shall be reassessed at the point of allocation of support. If upon review, a household is found to exceed the limits on income eligibility grounds, for example, they would be removed from the list.

The increased availability of social housing will address the waiting times for local authority social housing. The recently published Housing for All strategy is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade, including an average of 10,000 social homes per annum from 2022-2030. Housing for All is supported by an investment package of over €4b per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn in funding through the Housing Finance Agency over a five year period.

Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Individual targets for the delivery of social housing have been provided to each local authority and under Housing for All, each local authority is required to develop a Housing Delivery Action Plan by December 2021. These plans will set out details on how and when local authorities will deliver their housing targets, including the delivery of affordable homes.

Additional funding will also be provided to support households on social housing waiting lists to secure a tenancy, supported by the Housing Assistance Payment, while we increase the supply of housing stock managed by local authorities and Approved Housing Bodies.

Wildlife Protection

Questions (352)

Eoin Ó Broin

Question:

352. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the destruction of a bat roost at Emo Court House; if the necessary authorisation was sought; and if he will seek a prosecution under the Wildlife Acts if the destruction of the roost without authorisation is confirmed. [52303/21]

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Written answers

My Department is aware that Emo Court House hosts an important roost for Brown Long-Eared Bats, and that works were undertaken by the OPW at that House in recent years.

No authorisation was sought or given for the destruction of the bat roost, and the bat roost has not been destroyed.

Energy Conservation

Questions (353)

Donnchadh Ó Laoghaire

Question:

353. Deputy Donnchadh Ó Laoghaire asked the Minister for Housing, Local Government and Heritage when he expects to be in a position to issue a new call for proposals and applications for retrofitting projects from local authorities. [52308/21]

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Written answers

My Department's Energy Efficiency Programme that commenced in 2013, with the ambition to fund retrofit on all social homes requiring insulation and energy upgrade works, has seen improved energy efficiency and comfort levels in over 73,500 Local Authority homes over the period 2013 to 2020.

A Programme for Government objective called for the 'retrofit' of 500,000 homes to a B2/Cost Optimal Equivalent BER standard by 2030, of which it is expected approximately 36,500 will be local authority owned homes. In response to this commitment my Department launched a new ten year Energy Efficiency Retrofit programme in 2021, that focuses on ensuring that the fabric of the home is upgraded and an energy efficient heating system is provided.

The main objective of the Scheme is to meet Ireland’s commitments in relation to carbon emissions. Increasing the numbers of homes retrofitted will reduce greenhouse gas emissions from the residential sector and will help Ireland reach its greenhouse gas emissions targets over the next decade.

An increased budget of €85 million in 2022 will see approximately 2,400 units delivered under the programme. Learning from this year’s programme will inform the 2022 programme, it is expected data from the current programme will be collated in Q4 of 2021, after which a new call for proposals from local authorities will follow for the 2022 programme.

Local Authorities

Questions (354)

Éamon Ó Cuív

Question:

354. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if there are plans to provide new guidelines to county and city councils allowing them to hold in-person meetings that last longer than two hours each, particularly as some members have to travel for two hours each way to attend such meetings; and if he will make a statement on the matter. [52309/21]

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Written answers

Council meetings are an integral and critical part of local democracy through which elected councils carry out statutory reserved functions and provide policy direction and oversight to local authorities. Arrangements for Council meetings are a matter for elected members who must ensure, in accordance with the relevant legislation, the effective discharge of Council business, including statutory obligations.

Given the COVID-19 pandemic, in making such arrangements, elected Councils have had to take account of public health measures and advice to protect the health of both elected members attending and local authority employees required to support council meetings, as well as members of the public and/or media who wish to attend. In that context, in September 2020, the Association of Irish Local Government (AILG), the Local Authority Members’ Association (LAMA) and the Local Government Management Agency (LGMA) jointly agreed standard operating guidance for attendance at Council meetings. Among a range of other matters, the guidance suggested that, reflecting good practice, attendance at meetings should be kept to a recommended maximum of 1 hour 55 minutes.

As elected members convene their Council meetings in physical locations once more, each local authority has particular circumstances with regard to the size of their Council chambers or other available meeting facilities, as well as the number of elected members, officials and members of the media and public attending. In this context, while there may be no ‘one size fits all’ approach regarding arrangements for meetings, it is important for elected members to remain cognisant of current public health advice and good practice to ensure that Council meetings can proceed in as safe a manner as possible.

Local Elections

Questions (355)

Éamon Ó Cuív

Question:

355. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage if it is planned to carry out a boundary review to the local government electoral areas ahead of the next local elections in 2024; and if he will make a statement on the matter. [52311/21]

View answer

Written answers

Section 23 of the Local Government Act 2001 empowers the Minister for Housing, Local Government and Heritage to divide a local authority area into local electoral areas and to amend those areas. However, in advance of deciding to make an order under section 23 of the Act, the Minister must, in accordance Part V of the Local Government Act 1991 (as amended), request a boundary committee to make a report having regard to such matters as may be specified by the Minister.

The Minister must publish the report of the boundary committee and must have regard to the report of that committee when deciding to make an order in relation to any amendment to local electoral area boundaries.

No decision has been taken at this point in time in relation to a review of local electoral area boundaries in advance of the next local elections in 2024.

Local Authorities

Questions (356)

Éamon Ó Cuív

Question:

356. Deputy Éamon Ó Cuív asked the Minister for Housing, Local Government and Heritage when it is planned to appoint a permanent chief executive officer to Galway County Council; the reason the role has not been filled to date; and if he will make a statement on the matter. [52312/21]

View answer

Written answers

I refer to Parliamentary Question 362 of 28 September 2021. The position is unchanged, however, it is my intention to review the matter in relation to the filling of the post of the Chief Executive of Galway County Council, on a permanent basis, before the end of the year.

Building Regulations

Questions (357, 358, 359, 360)

Pearse Doherty

Question:

357. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if he is satisfied that current regulations are sufficient to ensure manufactured concrete blocks safe to use in relation to MICA and pyrite; and if he will make a statement on the matter. [52322/21]

View answer

Pearse Doherty

Question:

358. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if the Construction Products Regulations which came into effect across the EU on 1 July 2013 are sufficient to ensure manufactured concrete blocks are safe for building homes in relation to MICA and pyrite; and if he will make a statement on the matter. [52323/21]

View answer

Pearse Doherty

Question:

359. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if all agencies involved in the regulating of concrete blocks, building control standards and the CE marking of blocks in place since 2013 are sufficient to ensure that all manufactured cement blocks are safe to use even if they contain some levels of MICA and pyrite; and if he will make a statement on the matter. [52324/21]

View answer

Pearse Doherty

Question:

360. Deputy Pearse Doherty asked the Minister for Housing, Local Government and Heritage if the regulatory authorities involved in the production of new concrete blocks are satisfied that the issues highlighted by the MICA and pyrite scandal have been addressed by the CE declaration and homeowners can be assured that the concrete blocks they purchase are safe for building homes going forward; and if he will make a statement on the matter. [52325/21]

View answer

Written answers

I propose to take Questions Nos. 357 to 360, inclusive, together.

The legal framework and rules for construction products, including concrete blocks, are established in the first place at European level and national provisions can be set at Member State level.

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). 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.

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. This includes the requirement for a geological and petrographic assessment of the raw material (i.e. the quarry deposit) and of the finished aggregate product for use in concrete and concrete products to be carried out at regular intervals. The key objective of the geological and petrological examination is to determine if aggregates for the manufacture of concrete are fit for purpose and if deleterious materials are present in such form or quantity that may affect end use and performance.

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 co-operation 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, Dublin City Council has been appointed 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. 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.

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. Geological Survey Ireland are providing technical assistance and expertise to this campaign.

In addition, I have asked the NBCO, in collaboration with GSI to conduct a focussed campaign in Co Donegal in relation to concrete blocks to ensure compliance with standards.

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.

Question No. 358 answered with Question No. 357.
Question No. 359 answered with Question No. 357.
Question No. 360 answered with Question No. 357.

Homeless Accommodation

Questions (361)

Pa Daly

Question:

361. Deputy Pa Daly asked the Minister for Housing, Local Government and Heritage the number of persons accommodated through homeless services within Kerry County Council; the locations they are housed in; and the numbers in each location in tabular form. [52342/21]

View answer

Written answers

My Department publishes a detailed monthly report on homelessness, based on data provided by housing authorities. The Report outlines details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. The Reports are available on my Department's website at the following link: www.gov.ie/en/collection/80ea8-homelessness-data/ and via the Government’s Open Data Portal data.gov.ie/

The most recently published data is in respect of September 2021. There were 89 adults in emergency accommodation in Kerry during the September count week a reduction of 21% on the position one year previously. County Kerry is part of the South West region for the purposes of homeless reporting, along with Cork City Council and Cork County Council. The combined South West region reported 60 families, with 122 dependants associated with these families, in emergency accommodation in September 2021.

My Department does not collate details on the locations of emergency accommodation provided by individual housing authorities.

Energy Policy

Questions (362)

Darren O'Rourke

Question:

362. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the planning guidelines that exist for solar farms; and if he will make a statement on the matter. [52360/21]

View answer

Written answers

As is the case with the large majority of development types, there are currently no specific planning guidelines in place in respect of solar farms. Proposals for individual solar farm developments are subject to the statutory requirements of the Planning and Development Act 2000, as amended, in the same manner as other proposed developments, with planning applications made to the relevant local planning authority and with a right of appeal to An Bord Pleanála. Within the wider national and local planning context, planning authorities must make their decisions based on the specific merits or otherwise of individual planning applications, in line with the proper planning and sustainable development of the area.

While I am satisfied that the planning code is sufficiently robust to facilitate the assessment of individual planning applications for solar farm developments, the matter is being kept under review. Where the need for specific planning guidance for solar farms is identified, my Department will develop such guidance as appropriate.

Housing Provision

Questions (363)

Jennifer Carroll MacNeill

Question:

363. Deputy Jennifer Carroll MacNeill asked the Minister for Housing, Local Government and Heritage the way the €3.3 billion for housing has been spent to date in 2021; and if he will make a statement on the matter. [52386/21]

View answer

Written answers

Budget 2021 provided €3.3 billion to support the delivery of a broad range of housing programmes this year. My Department recoups the funding to local authorities as projects and schemes are progressed and as claims fall due for payment.

Total expenditure on housing programmes to end September 2021 was €1.643 billion. The breakdown of this expenditure under the various categories is set out in the table below. As with all major capital programmes, significant recoupment takes place during Q4 each year and my Department is working closely with local authorities in that regard.

Delivery Stream

Expenditure to 30 September 2021€m

Build, Acquisition & Lease

871.47

RAS

75.58

HAP

394.24

Homelessness

149.83

Other Capital Programmes

75.56

Other Current Programmes

76.59

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