Written Answers Nos. 310-325
310. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the reason the co-existence of standards I.S. 20 Concrete Building Blocks and I.S. EN771-3:2011 Specification for Masonry Units were allowed to continue, when the EU standard was first introduced in other EU states; the reason it took time to be implemented here; and if he will make a statement on the matter. [18988/23]
View answerThe functions of the National Standards Authority of Ireland (NSAI) include the development and publishing of standards to meet international demands for the quality, design, performance, safety and environmental impact of products and services. The NSAI is an agency under the auspices of my colleague the Minister for Enterprise, Trade and Employment.
While my Department works in collaboration with the NSAI in relation to the development of standards for construction products such as concrete blocks, decisions in relation to co-existence arrangements or effective dates for standards are a matter for the NSAI.
311. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he plans to ensure that lithium ion battery energy storage systems are subject to the environmental impact assessments in the Planning and Development Act 2000. [18993/23]
View answerThe Environmental Impact Assessment (EIA) Directive specifies projects which, by virtue of their nature, size or location, are likely to have significant effects on the environment and should be subject to EIA. The Directive requires projects listed in Annex I of the Directive to be subject to mandatory EIA and provides that Member States may determine whether projects listed in Annex II of the Directive shall be subject to EIA.
Projects requiring an EIA by a planning authority or An Bord Pleanála (the Board), as appropriate, in respect of an application for planning consent are listed in Part 1 and Part 2 of Schedule 5 of the Planning and Developments Regulations 2001 - 2023 (the Regulations), which transpose the list of projects in Annex I and II of the EIA Directive into the planning code.
Lithium ion battery storage is not listed as an EIA project in either Annex I or II of the EIA Directive.
However, this does not mean that lithium ion battery storage projects do not require EIA. Circumstances may arise in which such a project may be subject to a requirement for EIA if, for example, one or more aspects of the project potentially comes within the scope of any of the project classes that are listed in Annex I or Annex II of the Directive and consequently, Part 1 and Part 2 of Schedule 5 to the Regulations, also noting the criteria for sub-threshold development as set out in Schedule 7 of the Regulations.
It would be a matter for a Planning Authority or An Bord Pleanála to assess a planning application for a lithium ion battery storage development in accordance with the requirements of the EIA Directive and transposing legislation, and determine if an EIA is required or not.
In accordance with Section 30 of the Planning and Development Act 2000, as amended, 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.
312. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage if there is any legal proscription on cutting turf by persons with turbary rights for one's own use in the Tullaher Lough and Bog (SAC); and if he will make a statement on the matter. [19023/23]
View answerThe cessation of turf cutting is generally required on raised bog Special Areas of Conservation (SAC) to ensure Ireland meets its habitat conservation obligations.
The Cessation of Turf Cutting Compensation Scheme was established in 2011 for domestic turf cutters affected by the cessation of turf cutting on raised bog SACs and was extended in 2014 to include domestic turf cutters affected from raised bog Natural Heritage Areas. It is comprised a payment of €1,500 per annum, index-linked, for 15 years, or relocation, where feasible, to a non-designated bog, together with a payment of €500 on the signing of a legal agreement under the scheme.
Tullaher Lough and Bog SAC (Site Code: 002343), Co. Clare is a Special Area of Conservation encompassed by the cessation of turf cutting compensation scheme.
In 2014 the National Parks and Wildlife Service conducted a scientific review of Tullaher Lough and Bog SAC, and as reflected in the National Raised Bog SAC Management Plan, determined that turf cutting could continue in certain areas of this SAC without impacting the ecological integrity of the site but not be permitted in other parts of the SAC. The reason for this is that Tullaher Lough and Bog is quite unusual as a raised bog SAC and the particular hydrological context allows for limited turf extraction while not compromising the conservation of the habitats on this site. This is exceptional and is not the case with most other SACs.
A map showing the consent area and no cutting areas of the SAC is available and will be forwarded to the Deputy.
314. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage to set out how the cost rental tenant situ scheme will work; the person or body that landlords/tenants should approach if they are interested in applying for the scheme; the eligibility criteria; and if he intends to publish a regular report on the purchases through this scheme. [19056/23]
View answerI recently introduced the Cost Rental Tenant In-Situ (CRTiS) Scheme, as an interim measure developed on an administrative basis, which is intended to address the immediate circumstances of the ending of the 'Winter Emergency Period' on 31 March 2023. This temporary scheme is available where a tenant faces the valid termination of a tenancy due to the landlord’s intention to sell the property. The scheme is available if the tenant household:
• does not intend to purchase the property from the landlord,
• does not own other residential property,
• is assessed by the Local Authority to be at risk of homelessness,
• is not in receipt of social housing supports (i.e. the Housing Assistance Payment (HAP) or the Residential Accommodation Scheme (RAS)), and
• has an annual net household income of no more than €53,000.
Local Authority Housing Officers have responsibility for assessing the risk of homelessness to tenants who have received a valid notification of termination due to an intended sale of a property, and so it is the Local Authority that tenants should first approach.
If the Local Authority is satisfied that the applicant tenant household is eligible for CRTiS they will pass the details of the tenant and the property to the Housing Agency for consideration for potential acquisition. The Housing Agency will then engage with the tenant and the landlord with a view to acquiring the property. The Housing Agency will partner with an independent third party, potentially an Affordable Housing Body (AHB), to manage and maintain the homes.
Rents are set at the current rate paid by the tenant to the previous landlord. It is the longer-term intention of the scheme, however, to transition these tenancies and homes to the standard framework for Cost Rental, where rents are set at a level to meet the costs of acquiring, managing, and maintaining the home. It is for this reason that the CRTiS eligibility criteria align with those in the standard Cost Rental framework.
It is intended that the Housing Agency will collate information on purchases through this scheme, which will be gathered by my Department for review.
315. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he is aware that some lenders are refusing to allow mortgage borrowers to draw down their mortgage in conjunction with the croí cónaithe towns refurbishment grant scheme due to uncertainty regarding the operation of the clawback provisions; his plans to resolve this matter; and the number of grant approvals and drawdowns to date broken down by local authority area. [19057/23]
View answerPathway 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.
Building on the success of the scheme to date and to further increase the number of vacant and derelict properties brought back into use, the Vacant Property Refurbishment Grant is being expanded from 1 May. Details of the expansion are as follows:
i. The inclusion of one property which will be made available for rent, by the owner, in addition to one grant for a property which will be a principal private residence of the applicant i.e. a maximum of two applications for a grant will be available;
ii. Changing the eligibility date, which is currently 1993 for the build date, to include vacant and derelict properties built up to and including 2007; and
iii. Increasing of the current maximum grant rates from €30,000 to €50,000 for vacant properties and from €50,000 to €70,000 for derelict properties.
As 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 is engaging 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.
My Department publishes data on applications for the Vacant Property Refurbishment Grant on its website on a quarterly basis, which can be accessed at the following link:
www.gov.ie/en/collection/4bbe4-vacant-property-refurbishment-grant-statistics/
316. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide a breakdown of the 7,433 new-build social homes delivered in 2022, by delivery scheme, including SHIP construction, SHIP turnkey, CALF construction, CALF turnkey, CAS construction, CAS turnkey, Part V and PPP. [19060/23]
View answerHousing for All is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes by 2030. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency.
My Department publishes comprehensive programme level statistics on a quarterly basis on social housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority. This data is available to the end of 2022, and is published on the statistics page of my Department’s website, at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/
My Department also publishes the Social Housing Construction Status Report (CSR). The CSR provides details of social housing developments and their location that have been completed, are under construction or are progressing through the various stages of the design and tender processes. The most recent publication was for Quarter 4 2022. All Construction Status Reports are available at the following link: www.gov.ie/en/collection/cb885-social-housing-construction-projects-status-reports/. A version of the CSR file can also be downloaded for analysis at the link below: Social Housing Construction Status Report Q4 2022 - Dataset - Dept of Housing, Local Government and Heritage (opendata.housing.gov.ie/dataset/social-housing-construction-status-report-q4-2022)
The table below provides the breakdown of social housing delivery requested by the Deputy by local authority.
|
LA |
LA Con |
LA TK |
LA PV |
PPP |
Regen |
CAS Con |
CAS TK |
CAS PV |
CALF Con |
CALF TK |
CALF PV |
Total |
|
Carlow |
23 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
47 |
11 |
81 |
|
Cavan |
21 |
20 |
2 |
0 |
0 |
4 |
7 |
0 |
0 |
44 |
0 |
98 |
|
Clare |
121 |
63 |
6 |
0 |
0 |
0 |
0 |
0 |
0 |
57 |
9 |
256 |
|
Cork City |
152 |
0 |
21 |
0 |
0 |
3 |
0 |
0 |
27 |
289 |
25 |
517 |
|
Cork Co. |
69 |
169 |
106 |
0 |
0 |
8 |
27 |
0 |
0 |
172 |
0 |
551 |
|
DLR |
0 |
2 |
52 |
0 |
0 |
8 |
0 |
0 |
78 |
58 |
5 |
203 |
|
Donegal |
66 |
0 |
2 |
0 |
0 |
15 |
0 |
0 |
0 |
0 |
0 |
83 |
|
Dublin City |
176 |
60 |
72 |
0 |
1 |
28 |
81 |
0 |
0 |
140 |
55 |
613 |
|
Fingal |
136 |
0 |
45 |
0 |
0 |
10 |
0 |
0 |
0 |
75 |
95 |
361 |
|
Galway City |
0 |
26 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
91 |
33 |
150 |
|
Galway County |
68 |
82 |
36 |
0 |
0 |
11 |
0 |
0 |
0 |
20 |
7 |
224 |
|
Kerry |
131 |
2 |
6 |
0 |
0 |
0 |
18 |
0 |
0 |
71 |
18 |
246 |
|
Kildare |
0 |
82 |
86 |
0 |
0 |
0 |
0 |
0 |
29 |
81 |
94 |
372 |
|
Kilkenny |
8 |
81 |
6 |
0 |
0 |
20 |
6 |
0 |
0 |
21 |
2 |
144 |
|
Laois |
43 |
12 |
4 |
0 |
0 |
0 |
0 |
0 |
0 |
145 |
25 |
229 |
|
Leitrim |
9 |
23 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
32 |
|
Limerick |
49 |
82 |
23 |
0 |
0 |
14 |
0 |
0 |
0 |
190 |
25 |
383 |
|
Longford |
0 |
27 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
27 |
|
Louth |
0 |
49 |
22 |
0 |
22 |
4 |
0 |
0 |
0 |
103 |
27 |
227 |
|
Mayo |
34 |
25 |
2 |
0 |
0 |
0 |
8 |
0 |
0 |
20 |
0 |
89 |
|
Meath |
24 |
26 |
124 |
0 |
0 |
0 |
2 |
0 |
0 |
260 |
13 |
449 |
|
Monaghan |
48 |
65 |
2 |
0 |
0 |
0 |
0 |
0 |
0 |
21 |
4 |
140 |
|
Offaly |
7 |
41 |
6 |
0 |
0 |
19 |
0 |
0 |
0 |
39 |
3 |
115 |
|
Roscommon |
2 |
0 |
1 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
0 |
3 |
|
Sligo |
6 |
0 |
1 |
0 |
0 |
0 |
6 |
0 |
0 |
0 |
0 |
13 |
|
South Dublin |
163 |
8 |
15 |
0 |
0 |
0 |
3 |
3 |
2 |
89 |
108 |
391 |
|
Tipperary |
82 |
51 |
0 |
0 |
0 |
30 |
12 |
0 |
0 |
21 |
0 |
196 |
|
Waterford |
30 |
27 |
19 |
0 |
0 |
0 |
0 |
0 |
0 |
63 |
10 |
149 |
|
Westmeath |
41 |
56 |
11 |
0 |
0 |
0 |
26 |
0 |
0 |
25 |
3 |
162 |
|
Wexford |
47 |
107 |
31 |
0 |
0 |
0 |
6 |
0 |
0 |
150 |
14 |
355 |
|
Wicklow |
110 |
10 |
15 |
0 |
0 |
0 |
90 |
0 |
0 |
246 |
103 |
574 |
|
Total |
1,666 |
1,196 |
716 |
0 |
23 |
174 |
292 |
3 |
136 |
2,538 |
689 |
7,433 |
317. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he is aware that a park (details supplied) has been promised regeneration since the first Traveller Accommodation Plan was introduced 23 years ago in 1999; the status of a funding application for the regeneration of the park which was made by Dublin City Council to his Department on 3 December 2022; if a response to DCC is imminent given that it is over 19 weeks since the application was submitted; and if he will make a statement on the matter. [19061/23]
View answerThe Housing (Traveller Accommodation) Act 1998 provides that the role of my Department is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.
The Act provides that housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas.
In April 2016, a Stage 1 application for the redevelopment of this site was submitted to my Department, and in September 2016, my Department granted approval for a budget provision of €8,695,621. In July 2019, a Stage 2 application was received by my Department and approval was granted subsequently for funding of €13,216,290. In December 2022, a revised Stage 2 application was received by my Department seeking approval of €27,037,760.
In February 2023, my Department received further information requested on the basis of the revised application including the significant change to the scope and extent of the works and the units to be delivered. My Department expects to make a further decision once it has considered all the information received from Dublin City Council. My Department continues to support the Council in advancing the refurbishment of the site so that improved conditions are delivered for the residents.
318. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if local authorities are in a position to assist with the tenant in-situ schemes or other relevant schemes that will provide assistance where a social housing applicant is resident in a neighbouring local authority, and where that social housing applicant has received a termination notice (details supplied); and if he will make a statement on the matter. [19102/23]
View answer331. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of acquisitions targeted for delivery by Cork City Council in each of the years 2022-2026, in tabular form. [19305/23]
View answer337. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage when he will issue a circular to local authorities setting out the guidelines for the tenant in situ, for common situations where a tenant receives their HAP payment from one local authority, but it is a different local authority that wishes to purchase the property; and if he will make a statement on the matter. [19402/23]
View answerI propose to take Questions Nos. 318, 331 and 337 together.
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. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).
For 2023, the Government has agreed that there will be increased provision for social housing acquisitions and my Department will fund local authorities to acquire up to 1,500 social homes. The additional acquisitions will be focused on properties where a tenant in receipt of social housing supports has received a Notice of Termination due to the landlord’s intention to sell the property.
My Department issued a circular letter to all local authorities in March, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023. Cork City Council have an allocation to acquire 80 social homes in 2023, and this allocation will be kept under review. It will be matter for individual local authorities to determine whether a property is suitable for acquisition. No allocations have been issued for the period 2024-2026.
Where a household is on the housing list in one local authority but has secured a HAP tenancy in another local authority area, the arrangements in place will support the acquisition of the property, where appropriate. The City and County Management Association (CCMA) has assured me that local authorities are collaborating on such situations and my Department will work closely with local authorities on this measure.
My Department publishes comprehensive programme level statistics on a quarterly basis on social housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority. This data is available to the end of 2022, and is published on the statistics page of my Department’s website, at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/.
321. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he can clarify if a person who transfers from one local authority within County Dublin to another local authority can retain their length of time on the list, or if the local authority to whom they transfer will reassess them. [19119/23]
View answerHouseholds are reassessed against the eligibility and need criteria set down in the relevant legislation when seeking a transfer from one local authority housing list to another. If deemed eligible, they qualify for all social housing support, including the Housing Assistance Payment, and are placed on the housing list to be considered for suitable tenancies in accordance with the relevant local authority’s allocation scheme.
Generally, is not possible for a household previously on one social housing waiting list to carry the time spent on that list when applying to another local authority. This ensures any unfairness that might arise for households already on a waiting list in a receiving local authority is avoided.
Notwithstanding, local authorities will prioritise allocations to those households they consider to be most in need at any moment in time.
322. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he has any plans in place to sanction that people who are currently on the HAP/Homeless HAP scheme who have received an eviction notice and find a new property can transfer their HAP payment to the new property, rather than having to apply for HAP at the new property. [19125/23]
View answerThe Housing Assistance Payment (HAP) is a flexible and immediate housing support that is available to all eligible households throughout the State. Under HAP, a tenant sources their own accommodation in the private rented market. The tenancy agreement is between the tenant and the landlord and is governed by the Residential Tenancies Act 2004, as amended. HAP supported tenancies are afforded the same protections as all private rented tenancies.
On entering the HAP scheme, tenants are required to stay in the same property for at least two years. However, they may be able to apply to their local authority for a new HAP payment for another property sooner if their circumstances change.
Limerick City and County Council provide a highly effective HAP transactional shared service on behalf of all local authorities. The HAP Shared Services Centre (HAP SSC) manages all HAP related rental transactions for the tenant, local authority and landlord. Once a HAP application has been received and confirmed as valid by the relevant local authority, it is then processed by the HAP SSC.
The HAP application form comes in two parts, Section A to be completed by the applicant tenant and Section B to be completed by the landlord or agent. An application for HAP will only be accepted by the local authority when both Section A and Section B are completed, signed and returned, along with the required supporting documentation. Any delay in tenants and landlords supplying this information will impact on the processing time of the HAP application.
A change in tenancy would require a new HAP application form to be completed and submitted.
323. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on introducing regulations concerning the use of rock-breaking equipment for the purposes of re-contouring and enlarging agricultural land. [19184/23]
View answerCertain types of agricultural activities may be considered exempted development under the Planning and Development Act 2000, as amended (the Act), or the Planning and Development Regulations 2001, as amended (the Regulations).
Article 8C of the Regulations specifies that land reclamation works consisting of re-contouring of land, including infilling of soil (but not waste material) within a farm holding, can qualify as exempted development.
An environment impact assessment (EIA) may be required before farmers undertake certain types of development on their land. This falls under the remit of my colleague, the Minister for Agriculture, Food and the Marine, whose Department examines and screens the proposed activities, free of charge, for environmental impact to determine if works can proceed without the need for an EIA.
More details can be found on the Department of Agriculture, Food and the Marine (DAFM) website at:
www.gov.ie/en/service/161a7-environmental-impact-assessment-screening-service/.
including a link to DAFM’s Guide for Farmers –Environmental Impact Assessment (Agriculture) Regulations at
www.gov.ie/en/publication/5c8ed-advice-for-farmers-on-environmental-impact-assessment-regulations/.
In circumstances where an application for planning permission is required, such as where environmental impact assessment is deemed to be necessary, an application is made to the relevant planning authority under section 34 of the Act. When making a decision on a planning application, a planning authority is required to have regard to the particular local circumstances of the proposed development and may attach appropriate conditions to the permission on a case-by-case basis.
Section 34(4)(c) of the Act enables planning authorities to attach conditions to a planning permission requiring the taking of measures to reduce or prevent –
• the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in the neighbourhood, or
• the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site.
The decision of a planning authority on a planning application may be appealed to the Board under section 37 of the Act.
Under section 30 of the Act, as Minister with responsibility for planning I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned.
324. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage if his Department has a dedicated vacant property section that deals solely with this issue; if so, the number of staff working exclusively in this section; the grade of each; and if he will make a statement on the matter. [19208/23]
View answerMy Department has a dedicated Vacant Homes Unit, and is one of the business units in the Housing Affordability, Inclusion and Homelessness Division.
The Unit oversees, drives and supports the co-ordinated approach to addressing vacancy and efficient use of existing stock under Pathway 4 of Housing for All, the Vacant Homes Action Plan, and in the context of the Towns Centre First Policy and other relevant policies.
It supports - the work of Vacant Homes Officers (VHOs) across the Local Authorities; the operation of the Vacant Property Refurbishment Grant and the Ready to Build Scheme; the implementation of the CPO Activation Programme across local authorities and; the capture of data on vacancy which can be used to activate properties, inform development and delivery of policies and schemes, and measure their effectiveness and progress being made in addressing vacancy.
There are six staff (5.5 FTE) in the Unit - a Principal Officer, an Assistant Principal Officer, a Higher Executive Officer, two Executive Officers, and a Clerical Officer.
