Written Answers Nos. 284-304
284. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage under the local authority home loan scheme the maximum borrowing terms for applicants from age 45 up to 70 years old; and the number of successful and unsuccessful applications from within this age category; and if he will make a statement on the matter. [14790/23]
View answerThe Local Authority Home Loan is a Government backed mortgage for those who cannot get sufficient funding from commercial banks to purchase or build a home. It has been available nationwide from local authorities since 4 January 2022 for first-time buyers and fresh start applicants. The loan can be used both for new and second-hand properties, or to self-build. The Loan is available for applicants aged between 18 and 70 years old. The maximum term over which the Local Authority Home Loan can be borrowed is the lesser of 30 years or the period until the applicant (in a joint application it is the older applicant) reaches their 70th birthday. For example a qualifying applicant aged 45 can have a maximum term of up to 25 years, while a qualifying applicant aged 55 years would have a maximum term of up to 15 years.
Statistics in relation to specific age profile of applicants for the Local Authority Home Loan are not collected by my Department.
285. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage if he will outline the rationale for the review of sections 2 and 10 of the Housing Act 1988 completed by his Department (details supplied); if the findings and recommendations arising from that review will be published; if there will be any public consultation prior to the implementation of those recommendations; and if he will make a statement on the matter. [14804/23]
View answerSection 2 of the Housing Act 1988 outlines how local authorities can form an opinion on whether or not an individual/household shall be regarded as homeless, while section 10 outlines the actions that a local authority may take regarding the accommodation of those regarded as homeless.
My Department undertook review of sections 2 and 10 of the Housing Act 1988 in recognition of the significant changes in homelessness since the drafting of the Housing Act 1988 and to enable local authorities and homeless services to better address homelessness.
In July 2022, my Department commenced work with a group of Regional Homelessness Leads, to conduct the review. The review is now complete and and a policy position is being developed. Stakeholder consultation will be considered in due course.
286. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage the number of applications that have been made to Roscommon County Council under the croí cónaithe fund; the number of those applications that have been granted and refused, respectively; and if he will make a statement on the matter. [14847/23]
View answer308. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage if he will provide a report on the operation of the croí cónaithe town fund scheme across the four Dublin local authorities, including by month and grant type that is, vacant or derelict; the number and value of applications received, accepted and rejected by each local authority in Dublin during the months July 2022 to February 2023; the funding available to each local authority under the scheme, in tabular form; and if he will make a statement on the matter. [15087/23]
View answer321. Deputy Denis Naughten asked the Minister for Housing, Local Government and Heritage the number of applications made to each county council under the croí cónaithe urban and rural scheme respectively; the number granted, refused and on hand in each category; when the terms and conditions of the scheme will be expanded; and if he will make a statement on the matter. [15324/23]
View answerI propose to take Questions Nos. 286, 308 and 321 together.
Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. Many areas of cities, towns and villages of all sizes face the blight of vacant properties, which, if brought back into use, could add real vibrancy and provide new accommodation in those areas. The Croí Cónaithe Towns Fund is a key initiative which underpins these policy objectives set out in Pathway Four of Housing for All.In July 2022, the Vacant Property Refurbishment Grant was launched as part of the Croí Cónaithe Towns Fund. The grant benefits those who wish to turn a formerly vacant house or building into their principal private residence. The grant, which was initially launched in respect of vacant properties in towns and villages, was expanded to include eligible vacant properties in both cities and rural areas from 15 November 2022.On 21 September 2022, the Ready to Build Scheme was launched, also funded by the Croí Cónaithe Towns Fund. Under the Ready to Build Scheme, local authorities will make serviced sites in towns and villages available to potential individual purchasers to build their homes. These sites will be available at a discount on the market value of the site for the building of a property for occupation as the principal private residence of the purchaser.My Department publishes data on applications for the Vacant Property Refurbishment Grant on its website on a quarterly basis. This data includes numbers of applications received by local authority, applications approved and rejected and application type. Data on the Vacant Property Refurbishment Grant can be accessed on my Department’s website at the following link: www.gov.ie/en/collection/4bbe4-vacant-property-refurbishment-grant-statistics/.
The scheme has been kept under ongoing review since its launch and Government has decided to further expand the Grant eligibility to increase the number of vacant and derelict properties being brought back into use. My Department is currently working on details of this expansion and I will make a further announcement on the changes to the scheme when this work has concluded.
287. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on amending S.I. No. 600/2001 - Planning and Development Regulations, 2001 as amended, to ensure that local authorities validate and make publicly available on their websites and online platforms or in planning authority public offices all documents relating to a planning application in a timely manner, and to ensure that the public have sufficient time to review and make submissions on applications; and if he will make a statement on the matter. [14877/23]
View answerThe timely making available of planning application documents to the public has been most recently addressed by the Planning and Development Act 2000 (Section 38) Regulations 2020. These regulations, which were signed on 22 May 2020, require that where a planning application is made to a planning authority, the planning authority shall -
(a) not later than 5 working days after the day on which it receives the application, or
(b) where exceptional circumstances exist, as soon as practicable after the expiration of the period of 5 working days referred to in paragraph (a),
publish the application and all documentation accompanying the application on its internet website.
Additionally, where a planning authority receives a document relating to a planning application at any time after receipt by it of that application, the planning authority shall –
(a) not later than 5 working days after the day on which it receives the document, or
(b) where exceptional circumstances exist, as soon as practicable after the expiration of the period of 5 working days referred to in paragraph (a),
publish the document on its internet website.
It should also be noted that, for the purposes of these regulations exceptional circumstances exist if, by reason of –
(a) an occurrence that was not reasonably foreseeable by the planning authority concerned,
(b) an occurrence that, though reasonably foreseeable by the planning authority, could not reasonably have been prevented by the planning authority, or
(c) the size or number of documents concerned,
the planning authority could not, by the adoption of all reasonable measures, have complied with the requirement to publish the documentation within 5 working days.
Furthermore, in accordance with article 26(9) of the Planning and Development Regulations 2001, as amended, on receipt of a planning application, a planning authority shall make the planning application available for inspection, or purchased at a fee not exceeding the reasonable cost of making a copy, at the offices of the planning authority during its public opening hours.
288. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the steps he is taking to ensure that local authorities take in charge housing estates from private developers in a timely manner once all works are complete; and if he will make a statement on the matter. [14878/23]
View answerUnder section 180(1) of the Planning and Development Act 2000, as amended (the Act), where a development has been completed to the satisfaction of the planning authority in accordance with the permission and any conditions to which the permission is subject, the authority shall, where requested by the person carrying out the development, or, by the majority of the owners of the houses involved, not later than 6 months after being so requested, initiate the procedures under section 11 of the Roads Act,1993.
This is subject to section 180(3) of the Act where a planning authority may hold a plebiscite to ascertain the wishes of the owners of the houses.
The taking in charge process requires a declaration of a public road under section 11 of the Roads Act 1993, as amended, this marks the formal completion of the taking in charge process following a proposal by the executive, and is a reserved function of the elected members of a local authority.
Therefore, ultimately, progression of individual developments through the taking-in-charge process is a matter for the relevant housing developer, the residents in such developments and the relevant local authorities and elected members to consider on a case by case basis.
Under Section 30 of the Act, I, in my role as Minister with responsibility for planning, am precluded from exercising any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.
289. Deputy Niall Collins asked the Minister for Housing, Local Government and Heritage if he will advise on a matter raised in correspondence (details supplied); and if he will make a statement on the matter. [14961/23]
View answerAs part of the conditions associated with the Vacant Property Refurbishment Grant, there is a requirement that the applicant(s) will live in the qualifying property for a period of at least five years from the date of payment of the Grant. If at any time they sell the property or it ceases to be their principal private residence within ten years, they must reimburse the local authority an element of the full value of the Grant, as follows:
- Up to 5 Years – 100% of the monetary amount of the Grant
- Over 5 Years and less than or equal to 10 years – 75% of the monetary amount of the Grant
- Over 10 Years – No Clawback
An agreement must be concluded between the local authority and the applicant which contains the clawback agreement, including a charge on the property, which shall be binding on the applicant upon drawdown of the grant. The charge secures the local authority’s interest in the property. The charge document is not concluded until works are complete and prior to the grant issuing.
Where the applicant has a mortgage in relation to the property, the bank’s charge will always rank in priority.
My Department has engaged with the Banking and Payments Federation Ireland with regard to the operation of the grant and to ensure that there are no issues for applicants who are applying for the Vacant Property Refurbishment Grant.
290. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he is aware of the findings by an organisation (details supplied) in Northern Ireland in relation to the prevalence of badger baiting; if he has statistics on the numbers of badgers killed in badger baiting here; if so, the number of individuals involved; the number of detections and prosecutions over the past ten years; if he will carry out an investigation into badger baiting, similar to that carried out by the organisation in Northern Ireland; and if he will make a statement on the matter. [15058/23]
View answerI am aware of the recent report by an animal welfare organisation in relation to badger baiting in Northern Ireland. I strongly condemn the unlawful killing or injuring of any badgers which are a protected species in Ireland under the Wildlife Acts. The National Parks and Wildlife Service (NPWS) staff of my Department are working across all regions of the country to address wildlife crime. Staff in NPWS are designated as Authorised Persons under the Wildlife Acts and Authorised Officers under the EC (Birds and Natural Habitats) Regulations 2011 and in that context they have powers of enforcement to deal with wildlife crime, including badger baiting.
The Strategic Action Plan for NPWS will equip it with the organisational capability and supporting structures to enable it to deliver its mandate in protecting our natural heritage. Additional resources are being recruited across all grades and specialisms in NPWS and I have secured agreement to increase the number of conservation rangers to 120 with recruitment already underway to achieve this.
My Department do not hold records of the number of badgers killed in badger baiting or the number of individuals involved. It is normal process that suspected breaches of the law are investigated. Consideration must be and is given to a range of issues, including whether it is considered that the evidence of a crime is sufficient before a decision is taken whether or not to proceed with seeking a prosecution. For the period 2021 to 2022 NPWS have records of 9 suspected badger baiting incidences reported to it. For the period 2013 to 2022, for when records are readily available, there were 4 prosecutions taken by NPWS for interference, disturbance or destruction of badger setts with one further case with summons currently being prepared and an ongoing field investigation with a view to submitting a prosecution file when complete if that is then deemed appropriate
My Department is working closely with the Department of Agriculture Food and the Marine, An Garda Síochána and other enforcement agencies and with animal welfare organsiations such as the ISPCA and DSPCA in relation to this type of activity. A joint protocol is already in place between NPWS and An Garda Síochána on tackling wildlife crime and to establish closer working relationships between both organisations. This protocol provides for formal liaison arrangements for sharing of information and the carrying out of joint operations in relation to wildlife crime and badger baiting has been identified as a priority here. NPWS are initiating a series of practical training sessions for NPWS staff in collaboration with An Garda Síochána and other relevant enforcement organisations for various wildlife crimes. Investigating badger digging and baiting are one of the modules scheduled and part of this initiative will be to look at ways of improving the cross agency response to the wildlife and animal welfare crime of badger baiting by optimising and focusing respective Agency resources.
The NPWS is also working to review, consolidate and modernise the Wildlife Acts and the Birds and Habitats Regulations. The updates to this legislation will be wide-ranging but will have a particular focus on deterrence and on improving the enforceability of wildlife laws.
291. Deputy Noel Grealish asked the Minister for Housing, Local Government and Heritage if his officials have future plans to delist Lough Corrib in County Galway as a special area of conservation and Natura 2000 site considering that the SAC holds a significant stock of vulnerable Atlantic salmon, EU Habitats Directive Annex II, and a unique genetic strain of brown trout, salmo ferox; and if he will make a statement on the matter. [15062/23]
View answerWhen a site is designated as part of the Natura 2000 Network under the European Communities (Birds and Natural Habitats) Regulations 2011, it becomes a European Site in legal terms. The site is publicly notified and transmitted to the European Commission for inclusion on the Commission’s list of Sites of Community Importance (SCI). Sites accepted by the Commission as SCIs are published in the official journal of the European Union. The site mentioned by the Deputy has been a European site since 1999.
There are no plans under consideration to delist the site referred to in the Question.
292. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the criteria used by the housing authorities to assess medical priority applications for housing. [15065/23]
View answerApplications for social housing support are assessed by local authorities 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. Decisions on the qualification of households for support, the awarding of medical priority, the most appropriate form of support and the allocation of that support are a matter solely for the respective local authorities.
An applicant with a medical condition may request a priority based on that medical condition. Applicants applying on medical or disability grounds must complete the medical/ disability HMD-Form 1 specifying the nature of the medical condition or disability and, if applicable, an occupational therapist's report in respect of any specific accommodation requirements.
Regulation 23 of the Social Housing Assessment Regulations 2011 sets out the aspects of a household's current accommodation to which the authority will have regard when determining a household's need for social housing support, which include the extent to which it meets any accommodation requirement arising from the enduring physical, sensory, mental health or intellectual impairment of a household member.
293. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the obligations of housing authorities under the Disability Act 2005 to provide reasonable accommodation and services to individuals with disabilities. [15067/23]
View answer295. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the measures that are in place to ensure that housing authorities are complying with their legal obligations to provide suitable housing for individuals with disabilities. [15069/23]
View answer296. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the way the Government is working to improve communication and transparency in the housing application process for individuals with disabilities. [15070/23]
View answer297. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the support available for families with children with disabilities who require suitable housing; and how can they access this support. [15071/23]
View answerI propose to take Questions Nos. 293, 295, 296 and 297 together.
The Disability Act 2005 places a statutory obligation on public bodies, including local authorities, to support access to services and facilities, for people with disabilities. Disabled people are entitled to apply for the full range of housing supports and when assessing applications for housing support, local authorities are required under their allocation schemes, to consider the particular needs of the disabled person to ensure that these are met when allocating a dwelling.
All local authorities have Housing and Disability Steering Groups (HDSGs) whose role is to put in place strategic plans for housing for disabled people and to monitor activity under these plans. The HDSGs are representative of disabled people as well as the Health Services Executive and the local authority and are a key driver of housing for disabled people at local level.
The National Housing Strategy for Disabled People (NHSDP) 2022-2027, was published in January 2022, and can be accessed on my Department’s website at the following link: www.gov.ie/en/publication/60d76-national-housing-strategy-for-disabled-people-2022-2027/.
The Strategy sets out the vision for the cooperation and collaboration of Government Departments, state agencies and others in delivering housing and the related supports for disabled people over the next five years. The Strategy operates within the framework of Housing for All – A New Housing Plan for Ireland which is committed to ensuring that affordable, quality housing with an appropriate mix of housing design types provided within social housing, including universally designed units, is available to everyone in Irish society, including those with disabilities and older people.
Work has been advanced on finalisation of the Implementation Plan for the Strategy, following which my Department will engage further with the Department of Health and the Department of Children, Equality, Disability, Integration and Youth, for publication as soon as possible thereafter. In parallel, The Housing Agency is developing a communication strategy on the National Housing Strategy for Disabled People and its accompanying Implementation Plan.
294. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the appeals process for medical priority housing decisions; and what the rights of applicants are to appeal. [15068/23]
View answer312. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 494 of 21 March 2023, if he will provide more specific information on the existing internal complaints and appeals systems within local authorities, particularly in relation to appealing decisions regarding medical priority for housing applications; if he will consider implementing a standardised and transparent appeal mechanism at the national level to ensure consistency and fairness for all applicants seeking medical priority for housing support; and if he will make a statement on the matter. [15248/23]
View answerThe management and operation of the social housing system is a matter solely for local authorities in accordance with the Housing Acts and associated Regulations. This includes all matters relating to complaints/ appeals arrangements, including medical priority for housing applications.
Any person who is dissatisfied with services provided by a local authority, including a decision regarding them or which did not consider all relevant facts, may make a complaint to the local authority concerned. Information on the respective complaints/ appeals mechanisms is available on each local authority website.
A complaint may also be submitted to the Office of the Ombudsman, which can examine complaints about the everyday performance of the executive and administrative functions by local authorities, including housing assessments and allocations. That said, a complainant must first seek to resolve the problem at local level through the relevant local authority's complaints and appeals system. Thereafter, if they remain dissatisfied with the outcome, a complaint may be made to the Ombudsman.
Further details are available on the Ombudsman’s website at the following link: www.ombudsman.ie/publications/information-leaflets/the-ombudsman-and-local-a/
298. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if there is a national policy for providing a 35% discretionary top-up for housing assistance payment recipients with exceptional medical needs; and if so, the criteria and procedures for accessing this top-up. [15072/23]
View answer299. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the options for HAP recipients who have exceptional medical needs but are not eligible for the 35% discretionary top-up; and if there is a right of appeal or any other mechanism for requesting additional support. [15073/23]
View answer300. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the way local authorities are held accountable for their decisions regarding HAP recipients with exceptional medical needs; and if there is any oversight or monitoring of these decisions to ensure that they are fair, transparent, and consistent across different local authorities. [15074/23]
View answer301. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will provide examples of best practices for supporting HAP recipients with exceptional medical needs, including the provision of top-ups and other forms of support. [15075/23]
View answerI propose to take Questions Nos. 298, 299, 300 and 301 together.
Any household assessed as eligible for social housing is immediately eligible for housing support through the Housing Assistance Payment (HAP) scheme. Once a household has been deemed eligible for social housing support, it is a matter for the local authority to examine the suite of social housing supports available, including the HAP scheme, to determine the most appropriate form of social housing support for that household in the administrative area of that local authority.
Since 11 July 2022 each local authority has statutory discretion to agree to a HAP payment up to 35% above the prescribed maximum rent limit and for new tenancies to extend the couple’s rate to single persons households. It should be noted that it is a matter for the local authority to determine if the application of the discretion is warranted on a case by case basis and also the level of additional discretion applied in each case.
The day-to-day operation of the social housing system is a matter for the relevant local authority, and ultimately, it is the responsibility of the local authority, to make a decision in each individual case.
Each local authority has a customer service charter and complaints procedure for applicants who may wish to make a complaint regarding the service they receive. Following that complaint, if they consider that they have been unfairly treated or are not satisfied with the Council’s decision on their complaint, it is open to them to make a complaint to the Ombudsman.
302. Deputy John Brady asked the Minister for Housing, Local Government and Heritage how many applications were received for both phase 1 and phase 2 of a cost rental scheme (details supplied); and if he will make a statement on the matter. [15078/23]
View answer303. Deputy John Brady asked the Minister for Housing, Local Government and Heritage how many applicants met the full eligibility criteria, net income below €53k and no more than 35% of net income used for rent, for both phase 1 and phase 2 of a cost rental scheme (details supplied); and if he will make a statement on the matter. [15079/23]
View answer304. Deputy John Brady asked the Minister for Housing, Local Government and Heritage how many properties were offered to people through the lottery system in both phase 1 and phase 2 of a cost rental scheme (details supplied) due to insufficient expressions of interest from applications who met the affordability criteria; and if he will make a statement on the matter. [15080/23]
View answer305. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if he is aware of the difficulties that applicants are having in meeting the eligibility criteria for a cost rental scheme (details supplied); if he will examine this matter and consider reducing the monthly rent on the scheme to ensure applicants can meet the eligibility criteria without difficulty; and if he will make a statement on the matter. [15081/23]
View answerI propose to take Questions Nos. 302, 303, 304 and 305 together.
I can confirm that the planned cost rental homes at Archers Woods, Delgany will be delivered, managed and maintained by the Land Development Agency (LDA). LDA has indicated it plans to deliver 142 cost rental homes in Delgany and I can confirm that to date, 48 of these homes have been formally Designated as Cost Rental under the provisions of the Affordable Housing Act. My Department has no role in advertising, assessing applications or the allocation of Cost Rental homes which is the responsibility of the entity/landlord applying for cost rental Designation for homes (in this case the LDA). As such, it would be more appropriate for any questions relating to such processes to be directed to the LDA via oireachtas@lda.ie.
All Cost Rental providers are legally obliged to make Cost Rental homes available in line with the provisions of Part 3 of the Affordable Housing Act 2021. The process of allocating a tenancy under cost rental is set out in Part 3 of the Affordable Housing Act 2021 and the associated Ministerial regulations. All Cost Rental properties must be leased to a tenant whose household falls within prescribed eligibility conditions. The main eligibility criteria comprises the imposition of a net income limit of €53,000 per household. Tenants are selected on an open application basis, and where demand exceeds supply, a lottery of all eligible applicants is used.
