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Wednesday, 24 May 2023

Written Answers Nos. 120-138

Cúrsaí Gaeilge

Questions (120)

Aengus Ó Snodaigh

Question:

120. D'fhiafraigh Deputy Aengus Ó Snodaigh den Aire Tithíochta, Rialtais Áitiúil agus Oidhreachta cad é an meastachán ar chostais bhreise a bhainfeadh le hoifigeach Gaeilge nó Oifigeach Forbartha Gaeilge a bheith fostaithe ag gach údarás áitiúil sa Stát. [24690/23]

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Faoi Alt 159 den Acht Rialtais Áitiúil 2001, tá gach Príomhfheidhmeannach freagrach as na socruithe foirne agus eagraíochtúla atá riachtanach chun feidhmeanna an údaráis áitiúil a bhfuil sé/sí freagrach as a dhéanamh. Déanann mo Roinn maoirseacht ar phleanáil fórsa saothair don earnáil rialtais áitiúil, lena n-áirítear faireachán ar leibhéil fostaíochta san earnáil rialtais áitiúil. Chuige sin, bailíonn mo Roinn sonraí ráithiúla comhiomlána ar líon na foirne i ngach údarás áitiúil ar bhonn coibhéiseach lánaimseartha. Ní bhailítear sonraí mionsonraithe, áfach, maidir leis an miondealú mionsonraithe ar líon agus gráid na foirne a leithdháiltear ar réimsí oibre ar leith laistigh d’údaráis áitiúla agus na tuarastail ghaolmhara agus dá bhrí sin níl siad ar fáil i mo Roinnse. Bheadh an fhaisnéis seo ar fáil ó gach údarás áitiúil.

Departmental Bodies

Questions (121, 122, 123)

Darren O'Rourke

Question:

121. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the number of staff working in the Maritime Area Regulatory Authority; their cost; and if he will make a statement on the matter. [25064/23]

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Darren O'Rourke

Question:

122. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the level of biodiversity expertise in the Maritime Area Regulatory Authority; and if he will make a statement on the matter. [25065/23]

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Darren O'Rourke

Question:

123. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the level of marine and environmental expertise in the Maritime Area Regulatory Authority; and if he will make a statement on the matter. [25066/23]

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Written answers

The Maritime Area Planning Act 2021 provides for a new dedicated agency to regulate our maritime area. The Maritime Area Regulatory Authority (MARA) will be responsible for granting consents which will be required before a development can apply for planning permission in the maritime area; granting licenses for specified activity; ensuring robust compliance through enforcement measures and managing the existing State Foreshore consent portfolio.

With such wide-ranging remit extensive preparatory work is underway in advance of its formal establishment. A dedicated MARA Establishment Unit is in place within my Department leading the critical work to enable the timely establishment of MARA. This unit currently has 13 staff and an additional 9 staff are expected to join the unit in the coming weeks. Staff of the Establishment Unit will transfer to MARA under a secondment arrangement when MARA is formally established, to ensure there is continuity in respect of the work. MARA will be formally established on 17 July 2023.

Informed by a Strategic Workforce Plan and Skills Needs Assessment, it is expected that MARA will need to expand to a workforce to at least 30 as soon as possible to allow it to undertake its statutory functions. Staffing resources will be required across administrative, legal, financial and technical areas including marine and environmental expertise. A staff compliment of approximately 60 is envisaged as being required in the medium term. MARA has been allocated a budget of €4.3m for 2023, including €2.4m for payroll related costs.

Departmental Bodies

Questions (124)

Darren O'Rourke

Question:

124. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the number of staff working in An Bord Pleanála; their cost; and if he will make a statement on the matter. [25068/23]

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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.

There are now more people working at An Bord Pleanála than at any time previously. Since October 2021, my Department has agreed to 117 new staffing posts in An Bord Pleanála, as detailed below.

• In October 2021, my Department approved an additional 24 posts across a range of technical and administrative grades including the setting up of a new Marine and Climate Unit.  

• In December 2022, 34 additional posts were sanctioned, and the Board is in the process of filling these positions.  

• In April 2023, An Bord Pleanála sought agreement for a total of 59 new posts, all of which were agreed by the Department. An Bord Pleanála submitted sanction approval requests for these positions and my Department has provided sanction approval for all 59 posts.

As of 30 April 2023, 219 people are working in ABP (including Board Members). An Bord Pleanála have advised that the total salary costs for these posts from 1 January 2023 to 30 April 2023 is €4,739,000. 

Departmental Bodies

Questions (125, 126)

Darren O'Rourke

Question:

125. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the level of marine and environmental expertise in An Bord Pleanála; and if he will make a statement on the matter. [25069/23]

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Darren O'Rourke

Question:

126. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the level of biodiversity expertise in An Bord Pleanála; and if he will make a statement on the matter. [25070/23]

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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.

Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie .

In order to assist the Deputy, my Department obtained the information requested by the Deputy from An Bord Pleanála.

An Bord Pleanála have advised the following regarding the level of marine and environmental expertise in An Bord Pleanála:

• A number of An Bord Pleanála's Inspectorate staff have qualifications in Coastal Zone Management and staff are continually being trained in this area which includes recent field trips to the Marine Institute.

• An Bord Pleanála have recently completed a process to engage specialists in Marine and Climate to be utilised on a case-by-case basis. The consultant’s role was advertised in Ireland, the UK, Scandinavia and Holland. The process was to engage specialists across the full breadth of disciplines involved in Marine and Climate Planning.

• An Bord Pleanála will be advertising for two in-house specialists in this area during Q3 once they have finalised the nature of these roles.

An Bord Pleanála have advised the following regarding the level of biodiversity expertise in An Bord Pleanála;

• An Bord Pleanála currently employs an in-house Ecologist on a full-time basis.

• A number of An Bord Pleanála's in-house staff have qualifications in Environmental Protection and Assessment.

• An Bord Pleanála have a number of specialist consultants who are engaged on case-by-case basis across a range of disciplines on biodiversity and Environmental matters.

Fire Service

Questions (127, 131)

Martin Browne

Question:

127. Deputy Martin Browne asked the Minister for Housing, Local Government and Heritage the measures he is taking to meet his Department’s commitment to address the recruitment and retention crisis in the retained fire service. [25422/23]

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Claire Kerrane

Question:

131. Deputy Claire Kerrane asked the Minister for Housing, Local Government and Heritage the measures that he is taking to address the recruitment and retention crisis in retained firefighter services; and if he will make a statement on the matter. [25057/23]

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Written answers

I propose to take Questions Nos. 127 and 131 together.

I refer to the reply to Question No. 446 of 23 May 2023 which sets out the position in this matter.

National Monuments

Questions (128)

Aengus Ó Snodaigh

Question:

128. Deputy Aengus Ó Snodaigh asked the Minister for Housing, Local Government and Heritage if any Ministerial consent exists for works on listed buildings on Moore Street, given that the last Ministerial consent in 2012 related to a now lapsed planning permission; if so, when it was granted; the works that were intended on foot of that consent; and if he will make a statement on the matter. [25029/23]

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Written answers

Section 14 Ministerial consents are provided for under the National Monuments Acts and are independent of any Planning Acts.  There are two existing consents relating to the national monument at numbers 14-17 Moore Street, the first and earlier one of these concerned investigative works, the second included plans for the refurbishment of the buildings, creation of a commemorative centre and for works to part of number 18.  Given that works at the national monument in 2016 were stopped due to occupation and a High Court decision which was subsequently overturned, my Department is currently examining whether or not a new consent should be applied for in relation to further works in and around the national monument.

Legislative Programme

Questions (129)

Catherine Connolly

Question:

129. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage when the Residential Tenancies (Right to Purchase) Bill 2023, announced as legislation for priority publication this session, will be published; and if he will make a statement on the matter. [25037/23]

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Written answers

The Government's Legislation Programme for summer 2023, published in April, includes the Residential Tenancies (Right to Purchase) Bill 2023 for priority drafting in this Oireachtas session.

Policy is being developed as a matter of priority and draft legislative provisions and administrative measures are being examined to help a tenant to buy their rented home on the basis of a landlord offering their tenant first right of refusal, in accordance with the Government Decision of 7 March 2023. 

It is important to note that there is currently no legal obstacle to a sitting tenant and a landlord agreeing a contract for sale of a rented home, where the tenant has the means to do so.

Wastewater Treatment

Questions (130)

David Stanton

Question:

130. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage with reference to the new funding scheme announced on 28 April 2022, and targeting the wastewater collection and treatment needs of villages and settlements without access to public waste water services under his Department’s Multi-Annual Rural Water Programme 2022-2025, if he will outline the requests submitted by Cork County Council for funding for specific priority projects; the applications which were successful for such funding; and if he will make a statement on the matter. [25043/23]

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Written answers

I can confirm that all rural local authorities submitted their priority requests for funding under the scheme before the deadline of 15 September 2022.

An independent Expert Panel has critically evaluated each application and based on a report from the Panel, recommendations for funding will be made shortly.

I can further confirm that Cork County Council submitted two applications, for Glantane and Graball Bay (Crosshaven).

Question No. 131 answered with Question No. 127.

Departmental Bodies

Questions (132)

Darren O'Rourke

Question:

132. Deputy Darren O'Rourke asked the Minister for Housing, Local Government and Heritage the estimated cost of trebling the existing number of staff on each grade currently employed in An Bord Pleanála's marine and climate unit. [25060/23]

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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.

Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie .

In order to assist the Deputy, my Department obtained the information requested by the Deputy from An Bord Pleanála. 

Table 1 below lists the status of the agreed positions in An Bord Pleanála's Marine and Climate Unit and the cost of each post. The estimated cost of trebling the existing number of staff on each grade approved in An Bord Pleanála's marine and climate unit is provided also by An Bord Pleanála. 

Table 1: Staffing of An Bord Pleanála's Marine and Climate Unit

Role

Number of Sanctioned and / or Approved posts

Status of Role

Cost of Each Filled Post

Estimated Cost of trebling staffing

Director of Marine Planning

1

Appointed

€100,995.08

€201, 990.16

(2 additional posts)

Assistant Director of Planning

1

Appointed

€88,093.41

€176,186.82

(2 additional posts)

Senior Administrative Officer

1

Competition Advertised

€74,701

€149,402

(2 additional posts

Senior Planning Inspector 

9

Different Stages (filled and offers in place)

€78,656 x 9

€1, 415, 808

(18 additional posts)

Specialist Role

2

To be advertised

€78,656 x 2

€314,624

(4 additional posts)

Senior Executive Officer

1

Filled

€53,955

€107,910 (2 additional posts

Executive Officer

4

Various stages (Appointed and interview stage)

€33,812 x 4

€270,496

(8 additional posts)

Administrative Assistant

4

Appointed

€27,132 x 4

€217,056

(8 additional posts)

Total:23

 

 

€2, 853,472.98

(Total estimated cost of 46 additional posts)

Disability Services

Questions (133)

Anne Rabbitte

Question:

133. Deputy Anne Rabbitte asked the Minister for Housing, Local Government and Heritage if fencing in cases such as one (details supplied), can be deemed within the bounds of the housing adaptation grant. [25078/23]

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Written answers

My Department provides exchequer funding to local authorities to support the Housing Adaptation Grants for People with a Disability which are available to a person with a physical, sensory, mental health or intellectual disability.

These grant schemes assist in the carrying out of works to make  accommodation more suitable for these persons needs including access ramps, adaptations to facilitate wheelchair access, etc. It also comprises other works that are reasonably necessary for the purposes of rendering a house more suitable for the accommodation of a person with a disability or addressing their mobility needs which may involve securing the perimeter of an existing play area.

The detailed administration of the grants, including the assessment, approval and payment of individual grants to applicants, is the responsibility of the relevant local authority.

Further details on these schemes is available on my Department’s website at the following link:

www.gov.ie/en/service/6636c-housing-adaptation-grants-for-older-people-and-people-with-a-disability/

Planning Issues

Questions (134, 135)

Jennifer Whitmore

Question:

134. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he will provide details of the mandate, statutory standing of the Designated Areas Appeals Advisory Board with regard to advising government on planning applications; and if he will make a statement on the matter. [25098/23]

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Jennifer Whitmore

Question:

135. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he will provide details of the current membership of the Designated Areas Appeals Advisory Board; if he will provide details of appointments to the DAAAB; and if he will make a statement on the matter. [25099/23]

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Written answers

Following the introduction of the European Communities (Natural Habitats) Regulations 1997, the independent Designated Areas Appeals Advisory Board (DAAAB) was established to consider appeals against unsuccessful objections relating to the designation of Special Areas of Conservation, Special Protection Areas and Natural Heritage Areas in Ireland, and to make recommendations to the Minister following its deliberations. As Minister, I take account of such recommendations when coming to a final decision on each appeal. The DAAAB is non-statutory and has no role in the planning process.

The members who hear appeals are selected from two panels, with at least one member from each panel required to form a quorum. Currently, members of the panels are nominated by specified bodies as set out below.  The panels may, if required by me, as Minister, be extended as may be required to ensure that there is an adequate pool of available members at any given time to facilitate the scheduling of hearings without undue delays.

The Landowners/Users/Producers Panel comprises two members nominated by the following bodies:

• The Irish Farmers Association, the Irish Creamery Milk Suppliers Association and the Irish Business and Employers Confederation.

• The Conservation Organisations Panel comprises two members are nominated by the Environmental Pillar and drawn from organisations participating in the Pillar. Frequent representatives are from organisations such as BirdWatch Ireland, Coastwatch Ireland and the Irish Peatland Conservation Council.

The Chair is appointed by me, as Minister, and there may be more than one Chairperson appointed at any one time to facilitate the hearing of appeals. There are currently two chairpersons. Mr Denis Daly, chairs in relation to appeals against Special Areas of Conservation (SACs) and Natural Heritage Areas (NHAs), and Ms Ciana Campbell, chairs regarding appeals against Special Protection Areas (SPAs).

The Board also has available to it an independent Scientific Adviser to assist in the interpretation of scientific reports, data, etc. and is provided with secretarial services by my Department as appropriate.

Membership of the Board is not full time, rather the Boards meets as often as is necessary to complete its work.

Departmental Bodies

Questions (136)

Jennifer Whitmore

Question:

136. Deputy Jennifer Whitmore asked the Minister for Housing, Local Government and Heritage if he will provide details of the number of appeals heard by the Board each year; the outcome of each appeal from 2017 to 2022 and to date in 2023, respectively, including details of the area that was subject to appeal; and if he will make a statement on the matter. [25100/23]

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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.

Under section 30 of the Planning and Development Act, 2000, as amended, as Minister, I am specifically precluded from exercising power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

My Department does not hold the specific information requested in the Question. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie.

Oifigí Roinne

Questions (137)

Catherine Connolly

Question:

137. D'fhiafraigh Deputy Catherine Connolly den Aire Tithíochta, Rialtais Áitiúil agus Oidhreachta maidir le Ceist Pharlaiminte Uimh. 22 den 17 Samhain 2022, stádas an ghrúpa idir-rannach atá ag obair chun cúrsaí pleanála i gceantair a chur chun cinn; soiléiriú a thabhairt ar an gcruinniú is déanaí den ghrúpa; agus an ndéanfaidh sé ráiteas ina thaobh. [23453/23]

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Written answers

Tá Grúpa Idir-Rannach (ar a bhfuil oifigigh ó mo Roinnse; ón Roinn Turasóireachta, Cultúir, Ealaíon, Spóirt agus Meán; agus Údarás na Gaeltachta) i bhfeidhm chun tacú leis an obair atá ar bun agus dlús a chur leis an bpleanáil i gceantair Ghaeltachta.

Is é ceann de phríomhaidhmeanna an ghrúpa seo ná a chinntiú go ndéanfar nósanna imeachta agus córais a shaincheapadh, de réir mar is cuí chun cur chuige éifeachtach comhsheasmhach a éascú ag na húdaráis áitiúla cuí maidir le saincheisteanna a bhaineann le pleanáil i gceantair Ghaeltachta a bhainistiú.

Tá scrúdú á dhéanamh ag an nGrúpa Idir-Rannach ar an gcaoi a bhféadfaí cleachtais reatha i bhfeidhmiú na bhforálacha seo a neartú ar mhaithe le leas iomlán na Gaeilge sa Ghaeltacht agus ar mhaithe le pleanáil chuí agus forbairt inbhuanaithe. Tá mo Roinnse, i gcomhar leis an Roinn Turasóireachta, Cultúir, Ealaíon, Gaeltachta, Spóirt agus Meán ag forbairt Treoirlínte Alt 28 maidir le pleanáil i Limistéir Ghaeltachta, atá beartaithe a fhoilsiú le haghaidh comhairliúcháin phoiblí go luath.

Tháinig an Grúpa Idir-Rannach le chéile go deireanach ar an 15ú Nollaig 2022 nuair a comhaontaíodh tús a chur le staidéar in 2023 ar mhodheolaíocht agus formáid an Ráitis Tionchair Teanga a úsáidtear i dtograí forbartha. Choimisiúnaigh an dá Roinn an staidéar seo agus tá sé ar siúl faoi láthair. Reáchtáladh cruinniú déthaobhach níos déanaí idir an dá roinn ar 2ú Márta 2023 chun an tréimhse ama d’obair an chomhairleora a chomhordú ionas gur féidir leis na dréacht-treoirlínte a threorú. Tá sé beartaithe leanúint ar aghaidh le rannpháirtíocht dhéthaobhach sna seachtainí atá romhainn de réir mar a bheidh an staidéar críochnaithe.

Nuair a bheidh dréacht-treoirlínte tugtha chun críche caithfidh siad a bheith faoi réir scagadh ansin le haghaidh Mheasúnú Straitéiseach Comhshaoil (MSC), agus chun críocha an Mheasúnaithe Iomchuí (MI).  Faoi réir na measúnuithe scagthástála a bheith críochnaithe agus nuair nach bhfuil measúnú iomlán ag teastáil, tá sé beartaithe dréacht de na treoirlínte a fhoilsiú le haghaidh comhairliúcháin phoiblí go luath.

House Sales

Questions (138)

Eoin Ó Broin

Question:

138. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he is aware of the sale of private properties with structural defects at a location (details supplied); if he is concerned with such sales; and if he will outline the powers, if any, he has to ensure that where properties with structural defects are being sold, there is a duty on the seller to fully declare such defects. [25198/23]

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Written answers

The report of the Working Group I established to examine defects in housing estimated that of apartments and duplexes (or associated common areas) constructed between 1991 and 2013, the number that may be affected by one or more fire safety, structural safety or water ingress defects, is likely to range between 62,500 and 100,000 apartments/duplexes. The Working Group did not specify any particular developments affected.

Since receipt of Government approval in January of this year, work is underway 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.

The scheme will provide for a form of certification, based on a Code of Practice, in relation to the works carried out to remediate defects in an apartment/duplex building. This is important for a range of stakeholders and processes, for example, insurance bodies, financial institutions, and conveyancing.

My Department has no role in the private sale or purchase of properties. Obtaining appropriate professional and legal advice continues to form part of the due diligence that a person should undertake when considering the purchase of a property.

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