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Tuesday, 18 Apr 2023

Written Answers Nos. 773-790

Environmental Policy

Questions (773)

Neasa Hourigan

Question:

773. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage if he will outline his plans to effectively manage, monitor and enforce marine protected areas, MPAs, as they increase from the current 8.3% spatial coverage to 30% coverage of Irish waters by 2030; and if he will make a statement on the matter. [17021/23]

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Written answers

As a matter of priority, my Department is currently engaged with the Office of the Parliamentary Counsel to draw up a Bill to provide for the designation of Marine Protected Areas (MPAs) to protect, conserve and, where appropriate, restore threatened species, habitats and ecosystems. These will complement our existing network of de facto MPAs consisting of marine Special Areas of Conservation and Special Protection Areas under the Habitats and Birds Directives.

The proposed Marine Protected Areas Bill will include specific provisions for the effective management, monitoring and enforcement of MPAs. Each MPA designated will have a specific set of conservation objectives and a management plan which will include an appropriate monitoring programme

It is my intention is to seek Government approval to publish this Bill at the earliest opportunity.

Question No. 774 answered with Question No. 772.

Homeless Persons Supports

Questions (775)

Pauline Tully

Question:

775. Deputy Pauline Tully asked the Minister for Housing, Local Government and Heritage the funding that was made available to each local authority for the homeless HAP place finder service; when funding was made available to local authorities for the homeless HAP place finder service; if all local authority areas have a homeless HAP place finder service available; if a local authority does not currently have a homeless HAP place finder service in place, if funding is available to the local authority to help with any deposit or advance rental payments needed to get accommodation under the HAP scheme; and if he will make a statement on the matter. [17027/23]

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Written answers

Homeless HAP is an adjunct to the Housing Assistance Payment (HAP) scheme rather than a separate scheme in itself. It comprises additional financial supports and access to the Place Finder service. As a demand-led scheme, HAP does not allocate specific funding to local authorities. Instead, costs accrued in the operation of the scheme are paid via a shared services centre administered by Limerick City and County Council.

From 2016 up to the end of 2022, 22,488 Homeless HAP tenancies were set up across all 31 local authorities. Once a Homeless HAP tenancy is set up, the ongoing cost of the tenancy is provided for under the general HAP scheme monthly landlord payments.

The Place Finder service was established in January 2018 and was made available to each of the 31 local authorities from August 2019. The Place Finder service assists households in or at immediate risk of homelessness primarily by providing access to deposits and advance rental payments. These elements are the core financial supports and are available to prospective tenants in all local authorities.

The operation of the Place Finder service is a matter for each local authority. By the end of 2022: 28 local authorities had been granted sanction for dedicated Place Finder staff; 1 local authority was in the process of seeking sanction; and 2 local authorities had yet to seek sanction. Local authorities also have the option to enhance this service, if required, through their homeless services by assigning dedicated staff to provide assistance.

To assist authorities successfully implement the Place Finder initiative, my Department provides an allowance towards a dedicated Place Finder officer post funded under Section 10 of the Housing Act, 1988. Under the normal arrangements for Section 10, housing authorities must provide at least 10% of the cost of homeless services from their own resources. Furthermore, housing authorities may also incur additional expenditure on homeless related services outside of the Exchequer funding arrangements provided by my Department. Therefore, the exact amounts spent by housing authorities on homeless services including on the dedicated Place Finder officers, are a matter for individual housing authorities. The expenditure by my Department towards Place Finder positions in 2022 was €1,499,428.

Question No. 776 answered with Question No. 768.

Housing Policy

Questions (777, 778, 779, 780, 826)

Michael McNamara

Question:

777. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage to clarify whether it will be open to owners of a vacant property or future renters/occupiers of a vacant property or both of the aforementioned categories of applicants to apply for the Croí Cónaithe vacant property refurbishment grant after 1 May 2023, pursuant to the changes recently announced; and if he will make a statement on the matter. [17061/23]

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Michael McNamara

Question:

778. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage to clarify whether it will be open to the owner of a vacant property or the future renters/occupiers of a vacant property to apply for the Croí Cónaithe vacant property refurbishment grant in respect of each unit in a vacant property being refurbished for use as more than one residential dwelling after 1 May 2023, pursuant to the changes recently announced; and if he will make a statement on the matter. [17062/23]

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Michael McNamara

Question:

779. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage to clarify whether will be open to the owner a property, occupied as a retail unit on the ground floor with the upper storeys vacant to apply for the Croí Cónaithe vacant property refurbishment grant to refurbish the upper storeys to rent out as a dwelling or dwellings; and if he will make a statement on the matter. [17063/23]

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Michael McNamara

Question:

780. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage to clarify what evidence, other than being included on the derelict sites register, will be accepted from applicants for the Croí Cónaithe vacant property refurbishment grant seeking an additional top-up grant of up to €20,000 in respect of a property that is derelict; and if he will make a statement on the matter. [17064/23]

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Michael Healy-Rae

Question:

826. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage the criteria to qualify for the Croí Cónaithe scheme (details supplied); and if he will make a statement on the matter. [17699/23]

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Written answers

I propose to take Questions Nos. 777 to 780, inclusive, and 826 together.

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. The Croí Cónaithe Towns Fund is a key initiative which underpins the 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.

A grant of up to a maximum of €30,000 is available for the refurbishment of vacant properties for occupation as a principal private residence, including the conversion of a property which has not previously been used as residential.

Where the refurbishment costs are expected to exceed the standard grant of up to €30,000, a top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or if the property is on the Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €50,000.

In the case of a top-up grant in respect of a derelict property not on the Derelict Sites Register, an independent report prepared by an appropriately qualified professional is required to be submitted to the local authority, along with the application, confirming that the property is derelict.

Properties considered for inclusion must be vacant for two years or more and built before 1993. Proof of both vacancy and ownership are required to support the grant payment.

The Planning and Development (Amendment) (No. 2) Regulations 2018 provided for an exemption, up until the end of 2021, from the requirement to obtain planning permission in respect of the change of use of certain vacant commercial premises, including vacant or under-utilised areas over ground-floor shops and offices, to residential use. These Regulations were subsequently extended until the end of 2025. Owners of such properties may be eligible for a Vacant Property Refurbishment Grant.

The Vacant Property Refurbishment Grant has been kept under ongoing review since its launch. Government has now decided to further expand the grant eligibility to increase the number of vacant and derelict properties being brought back into use. This includes changing the eligibility date for properties to include properties built prior to 2007, expanding the grant to include properties which are made available for rent by the owner and not solely for owner occupation, as well as reviewing the current grant rates. My Department is currently working on details of this expansion and further announcements on the changes to the scheme will be made very shortly.

Question No. 778 answered with Question No. 777.
Question No. 779 answered with Question No. 777.
Question No. 780 answered with Question No. 777.

Rights of Way

Questions (781)

Steven Matthews

Question:

781. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 150 of 30 March 2023, if he will outline in detail any changes to provisions in the draft Planning and Development Bill 2022 pertaining to public rights of way compared to the provisions in the current Planning and Development Act 2000; and if he will make a statement on the matter. [17086/23]

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Written answers

There are no substantive changes to provisions in the draft Planning and Development Bill 2022 (the Bill) pertaining to public rights of way compared to the provisions in the current Planning and Development Act 2000 (as amended) (the Act of 2000).

Section 242 of the Bill restates section 206 of the Act of 2000 without substantive modification, which allows for public rights of way to be created by agreement. Section 243 of the Bill restates with some modifications section 207 of the Act of 2000 enabling the creation of public rights of way compulsorily. Section 243(11) of the Bill clarifies that the exercise of the power to create a public right of way pursuant to this section does not prevent any person (including the planning authority itself) from asserting that the route concerned was already subject to a public right of way, which may be relevant in measuring compensation. Section 244 of the Bill restates section 208 of the Act of 2000 without substantive modification.

The draft Planning and Development Bill 2022 was published in January and the Joint Oireachtas Committee on Housing, Local Government and Heritage has undertaken a significant pre-legislative scrutiny process on it, over the past two months. I expect to receive their report shortly and will fully consider its recommendations, along with submissions on the Bill received from stakeholders, when preparing the final Bill. The final Bill, when published, will be accompanied by an Explanatory Memorandum provide information on the provisions in the Bill and will highlight the rationale for any substantial changes made to the current Act. The Bill will then proceed before the Houses of the Oireachtas, subject to the Oireachtas schedule.

Derelict Sites

Questions (782)

Robert Troy

Question:

782. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage further to a previous Parliamentary Question, if his Department will urgently correspond with an organisation (details supplied) regarding two derelict properties which are owned at Sarsfield Square, Athlone, County Westmeath. [17088/23]

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Written answers

The ongoing management and maintenance of Approved Housing Body (AHB) properties is a matter for the each AHB in conjunction with the relevant local authority. It is critical that local authorities take an active oversight role on the condition and tenanting of all AHB properties in their area, as it is they who manage the allocations for such properties with the AHBs, including responding to situations where properties are vacant.

I understand from Westmeath County Council that in the case of certain properties referred to in the question, they are in contact with the AHB concerned and await a report from them on the condition of the properties and the options for their renewal. My Department will continue to work with Westmeath County Council in relation to this issue as I share their focus on addressing any vacant public homes and making them available for re-tenanting as soon as possible.

Question No. 783 answered with Question No. 721.

Housing Schemes

Questions (784)

Charles Flanagan

Question:

784. Deputy Charles Flanagan asked the Minister for Housing, Local Government and Heritage when he expects to publish the revised rural housing guidelines in the context of a review of the 2005 planning guidelines on sustainable rural housing; and if he will confirm that such guidelines will comply with the ECJ ruling in the Flemish decree case. [17104/23]

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Written answers

Updated Rural Housing Planning Guidelines are currently being prepared by my Department. The updated guidelines will expand on the high level spatial planning policy of the National Planning Framework (NPF), in particular on National Policy Objective (NPO) 19 which relates to rural housing. This objective makes a clear policy distinction between rural areas under urban influence (i.e. areas within the commuter catchment of cities, towns and centres of employment) on the one hand, and structurally weaker rural areas where population levels may be low or declining, on the other. NPO 19 is also aligned with the established approach whereby considerations of social (intrinsic part of the community) or economic (persons working full or part time) need are to be applied by planning authorities in rural areas under urban influence.

The proposed Draft Rural Housing Guidelines will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high level policy framework set by the NPF. The guidelines will continue to allow county development plans to provide for housing in the countryside based on the considerations detailed in NPO 19 of the NPF, and will also highlight the need to manage development in certain areas, such as the areas around cities and larger towns and environmentally sensitive areas, in order to avoid over-development.

Since the publication of the current Sustainable Rural Housing Guidelines in 2005 (which continue to have effect) there have been important changes to our planning system. Most notably, obligations under European Directives and international agreements relating to the management and protection of the environment and adapting to and mitigating climate change have become more central to the operation of the planning system. While planning policy is a national, as opposed to an EU competence, due care is being taken to ensure the updated guidelines will not operate to conflict with fundamental EU freedoms, comply with EU environmental legislative requirements and have due regard to decisions of the European Court of Justice.

In this regard, the ‘Flemish Decree’ case was a successful challenge in the European Court of Justice to a March 2009 decree of the Belgian Flemish Region on land and real estate policy, which made the purchase or long-term lease of land (i.e. all immovable property, that included existing homes, businesses and farms) in certain Flemish communes conditional upon there being a ‘sufficient connection’ between the prospective buyer or tenant and the relevant commune. The Flemish Decree therefore effectively restricted more than development rights in respect of new housing development.

The draft planning guidelines will address these complex environmental and legal issues, while also providing a framework for the sustainable management of housing in rural areas.

The guidelines are at an advanced stage of drafting and environmental assessments relating to the impact of the proposed guidelines on the environment are being finalised.

It is intended that the draft guidelines will be published for a period of public consultation in Q2 2023.

Defective Building Materials

Questions (785, 791)

Jackie Cahill

Question:

785. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if the defective builds scheme is now available to be applied for by someone living in Tipperary; and if he will make a statement on the matter. [17127/23]

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Bríd Smith

Question:

791. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage the position in relation to the proposed scheme for defective apartments and remediation works needed; the timescale for implementation of this scheme; if residents of such apartments who face immediate demands for levies from management companies to fund needed safety works will be fully compensated for any outlay they face in the coming weeks; and if he will make a statement on the matter. [17196/23]

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Written answers

I propose to take Questions Nos. 785 and 791 together.

I received Government approval on 18 January 2023 to draft legislation to establish supports for the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. This legislation will provide a statutory basis for the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes with such defects.

In order to ensure that important life-safety works are not paused, remediation works related to fire safety defects, entered into or commenced from 18 January 2023, will form part of the remediation scheme, subject to terms and conditions. Such works will need to be agreed with local authority Fire Services.

Work is underway to draft the required legislation which will include the scope, eligibility and conditions of the remediation scheme which will become operational following implementation of the required legislation.

While I am working on the development of the scheme as a matter of priority, sufficient time is required to draft the legislation to ensure that the scheme is fit for purpose, provides value for tax payer’s money and contains appropriate oversight and governance measures. Subject to the legislative process, it is intended that a scheme would be in place in 2024.

Departmental Funding

Questions (786)

Michael Ring

Question:

786. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage what funding is available for a voluntary housing association (details supplied); and if he will make a statement on the matter. [17142/23]

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Written answers

Under the Capital Assistance Scheme (CAS), my Department provides up to 100% funding to Approved Housing Bodies (AHBs) for the capital development costs for new social homes in the priority categories of age-friendly housing and housing for people with disability. Lesser amounts of capital funding are also provided under CAS depending on the AHB’s preferred arrangement with the local authority on tenancy allocations. However the majority of CAS developments involve 100% funding for the accommodation development, including the project for which details are provided with this question. Funding support is also available towards communal facilities that might be developed by an AHB alongside the accommodation, for the benefit of their residents.

With my Department providing full capital costs for the housing, the AHB is thereafter the owner of the properties and has responsibility for their ongoing management and maintenance. CAS capital funding does not continue to support the maintenance costs and it is anticipated that AHBs will manage this with their rental income and maintaining a ‘sinking fund’.

It is important also that AHBs have ongoing relationships with their local authorities who also have an interest to support AHBs to maintain good quality housing in their operational areas.

Hare Coursing

Questions (787, 788)

Gary Gannon

Question:

787. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage the total number of hares captured from the wild for the 2022-2023 season; and how many times they were used during capture. [17153/23]

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Gary Gannon

Question:

788. Deputy Gary Gannon asked the Minister for Housing, Local Government and Heritage the number of hares pinned, injured and killed during the 2022-2023 season. [17154/23]

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Written answers

I propose to take Questions Nos. 787 and 788 together.

Condition 9 of the Section 34 licence to capture hares states that any hare captured pursuant to the licence may not be coursed or trialled more than once on the same day, and that all necessary arrangements shall be made to ensure that hares that have been coursed or trialled can be readily identified to ensure that this condition is rigidly observed.

The number of hares captured from the wild for the 2022-2023 coursing season was 3,398. The total number of courses run was 6,436. The number of hares that were pinned was 104. 17 hares were injured and 13 hares died.

Question No. 788 answered with Question No. 787.
Question No. 789 answered with Question No. 705.

Housing Policy

Questions (790)

Steven Matthews

Question:

790. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding housing estates in urban areas that are not connected to the sewerage network; if any grant funding is being considered in this case; if existing rural programmes could be expanded to include any housing estate with a long-standing communal septic tank set-up; and if he will make a statement on the matter. [17182/23]

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Written answers

I understand the Question refers to housing estates with Developer Provided Water Services Infrastructure (DPI).

I can confirm that my Department provides funding to progressively address DPI issues under the Multi-Annual Developer Provided Water Services Infrastructure Resolution Programme and that I have announced funding for specific projects across ten separate local authorities.

Further details can be accessed on my Department’s website at: www.gov.ie/en/publication/98ed6-developer-provided-water-services-infrastructure-dpi/

I can also confirm that local authorities have submitted some further requests for funding for projects in estates with DPI where the appropriate resolution is a connection to the Uisce Éireann network.

In addition, a number of more complex demonstration project proposals have been reviewed by an independent Expert panel. Following critical analysis of each project by the Panel, the relevant local authorities are now required to provide some further material before a funding commitment under the multi-annual programme can be made.

In the coming weeks I expect to receive a submission from the Panel addressing the above and will then be in a position to make an announcement for a further tranche of funding.

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