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Tuesday, 25 Jul 2023

Written Answers Nos. 584-603

Planning Issues

Questions (584, 586)

Fergus O'Dowd

Question:

584. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if there are any exceptional case decisions that would apply under circular PL 04/2023 for a person (details supplied); and if he will make a statement on the matter. [36064/23]

View answer

Michael McNamara

Question:

586. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage when the guidelines will issue to local authorities regarding the waiving of contribution fees for new build houses; and if he will make a statement on the matter. [36083/23]

View answer

Written answers

I propose to take Questions Nos. 584 and 586 together.

On 25 April 2023, the Government approved additional measures under the Housing for All Action Plan to incentivise the activation of increased housing supply and help reduce housing construction costs, including the introduction of temporary time-limited arrangements for the waiving of local authority “section 48” development contributions and the refunding of Uisce Éireann water and waste water connection charges.

These temporary time-limited arrangements apply for 1 year to all permitted residential development –

• that commences on site between 25 April 2023 and 24 April 2024, and

• is completed not later than 31 December 2025.

My Department recently issued Circular Letter PL 08/2023 on 21 July 2023 and the associated supplementary Guidance Note on the detailed operational arrangements in relation to the development contribution waiver scheme and the Uisce Éireann connection charge refund scheme. The Circular Letter and Guidance Note are available at the following link: www.gov.ie/en/circular/9b113-circular-pl-082023-temporary-time-limited-waiver-in-respect-of-development-contributions-operational-guidance-for-local-authorities/   

These temporary arrangements are being applied irrespective of the date of planning permission for the residential development. It is not proposed to extend the terms or timeline of the scheme beyond those as approved by the Government in its Decision of 25 April last.

Departmental Data

Questions (585)

Ivana Bacik

Question:

585. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage how the human cremation process is regulated; the statutory reporting responsibilities of crematoria relating to air, water and soil quality in the areas adjacent to the crematorium; to whom crematoria report; and if he will make a statement on the matter. [36068/23]

View answer

Written answers

As is the case for all forms of development, unless they are specifically exempted, crematoria for human remains are required to obtain planning permission in the normal manner. However their ongoing operations and control of the human cremation process, including any emissions therefrom, are regulated separately. In this connection, the monitoring of air, soil and water quality is carried out by the Environmental Protection Agency (EPA), which is under the aegis of my colleague the Minister for the Environment, Climate and Communications. I, in my role as Minister for Housing, Local Government and Heritage, have no function in this regard.

Question No. 586 answered with Question No. 584.

Housing Policy

Questions (587)

Violet-Anne Wynne

Question:

587. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 285 of 27 April 2023, if he will provide an update on the use of mixed methods of construction; and if he will make a statement on the matter. [36090/23]

View answer

Written answers

Housing 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 an average of 10,000 new build social homes each year in the period to 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.

Modern Methods of Construction (MMC) has been identified as a key measure to address increased housing delivery and methods to support increased use of MMC are set out in Pathway 5 of Housing for All. The development of MMC will improve productivity in construction and increase efficiency in residential construction.  The Housing for All Action Plan Update and Quarter 3 2022 Progress Report, which was published on 2 November, included a new action to develop a roadmap with targets for increased use of MMC in public housing. This Roadmap was published on 11 July 2023 and is available at the following link: www.gov.ie/en/publication/414cd-roadmap-for-increased-adoption-of-mmc-in-public-housing-delivery/

Last December funding of €94m was provided to local authorities to address legacy land debts. The provision of this funding was linked to the immediate development of a housing proposal, a commitment to use Modern Methods of Construction (MMC) and for construction to start in 2023 or no later than 2024. A total of 26 sites received funding as part of an accelerated delivery programme, and with some additional sites since added, my Department is overseeing a project to progress delivery of MMC projects on 35 sites which will deliver approximately 1,800 new social homes.

Legislative Measures

Questions (588, 589)

Violet-Anne Wynne

Question:

588. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 116 of 18 May 2023, his views on the subgroups established under NHAC, with specific reference to examining issues pertaining to homelessness prevention; and if he will make a statement on the matter. [36091/23]

View answer

Violet-Anne Wynne

Question:

589. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 116 of 18 May 2023, if he will outline the measures that have been introduced to prevent homelessness; and if he will make a statement on the matter. [36092/23]

View answer

Written answers

I propose to take Questions Nos. 588 and 589 together.

Increasing housing supply across all tenures is the key to preventing homelessness. My Department continues to prioritise measures which focus on accelerating social and affordable housing supply through a combination of new build, targeted acquisitions and leasing.

Record state investment of €4.5bn is being made available this year to support the largest State home building programme ever, including 9,100 direct build social homes and 5,500 affordable homes.

There will be increased provision for social housing acquisitions for local authorities to acquire at least 1,500 social homes. This is focused on properties where a tenant in receipt of social housing supports and has received a Notice of Termination due to the landlord’s intention to sell the property. Initial feedback from local authorities indicates that the target of 1,500 will be surpassed.  For households who are ineligible for social housing, I have introduced the Cost Rental Tenant In-Situ Scheme.

The Targeted Leasing initiative, which has been set up specifically to target those experiencing or at risk of homelessness, is set to deliver over 400 additional social homes for 2023.  The Department is also developing policy to help a tenant to buy their rented home on the basis of a landlord offering their tenant first right of refusal.

These measures are all aimed at preventing households from becoming homeless or to help people exit from homelessness in order to reduce the numbers of adults and children in emergency accommodation. As the implementation of these measures gathers pace, we will see their impact on the current homelessness situation become apparent.

The overarching objective of The National Homeless Action Committee (NHAC) is to ensure that a renewed emphasis is brought to collaborating across Government to implement actions in Housing for All, along with bringing better coherence and coordination of homeless-related services in delivering policy measures and actions to address homelessness.  Membership of NHAC includes all relevant Government Departments, agencies and voluntary organisations involved in addressing homelessness

Given the complexities and challenges involved in addressing homelessness, the Terms of Reference of NHAC provide that subgroups can be established to develop out proposals and examine particular issues arising.  Membership of these subgroups is not limited to those who are members of the Committee, and can include organisations that have the expertise and knowledge to address issues arising.

At the first meeting of NHAC it was agreed that homelessness prevention measures should be a priority. In Q1-22, members of the Committee put forward homelessness prevention proposals and it was agreed that 16 actions could be taken from these proposals. Of these 16 actions, 8 are now complete and the remaining 8 actions are being progressed and are at various stages.

It was decided that 3 of these actions required further exploration which led to the establishment of three subgroups; Subgroup A: Mitigating the risk of homelessness for HAP/HHP tenant in arrears; Subgroup B: Mitigating the risk of homelessness for those transitioning from residential settings; Subgroup C: Early intervention services for children and their families.

These subgroups presented their final recommendations at the Q4-22 meeting of NHAC on 9 November 2022. My Department has reviewed all 50 recommendations made and consulted with relevant stakeholders.  Of the 50 subgroup recommendations made, 12 are now complete, 35 of the recommendations are currently being progressed through the relevant areas and the decision has been made to not progress 3 of the recommendations as they were not feasible.  

Progress on both the NHAC homelessness prevention actions and subgroup recommendations are monitored by my Department and updates are given are the quarterly NHAC meetings.

Reducing and preventing homelessness remains a top priority for the Government. I will continue to work with the National Homelessness Action Committee to ensure that we address both prevention of entries into homelessness and exits from homelessness as a matter of urgency. My Department will continue to work with local authorities to ensure sufficient funding is made available to support all those at risk of or experiencing homelessness.

Question No. 589 answered with Question No. 588.

Legislative Measures

Questions (590)

Violet-Anne Wynne

Question:

590. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 116 of 18 May 2023, if, given that he stated the scrutiny report identified a number of ambiguities and possible unintended legal consequences arising from the iteration of the Bill, he will outline the ambiguities and provide further clarity; and if he will make a statement on the matter. [36094/23]

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Written answers

The Joint Committee on Housing, Planning and Local Government published a Report on Scrutiny of the Housing (Homeless Families) Bill 2017 in October 2019. The report highlighted a number of ambiguities and possible unintended legal consequences arising from sections of the Bill as initiated, including:

• Uncertainty of scope;

• The use of the term "family unit";

• The use of the term "family home";

• The use of the term "child";

• The exclusion of children in precarious housing situations from the Bill;

• The lack of a commencement provision.

A copy of the scrutiny report is available on the Oireachtas website:data.oireachtas.ie/ie/oireachtas/committee/dail/32/joint_committee_on_housing_planning_and_local_government/reports/2019/2019-10-11_report-on-scrutiny-of-the-housing-homeless-families-bill-2017-pmb_en.pdf.

My Department, along with nominated representatives of the local authority Regional Homelessness leads, undertook a 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. The review is now complete and and a policy position is being developed.

Emergency Accommodation

Questions (591)

Violet-Anne Wynne

Question:

591. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if there are requirements as those referenced by the Minister for Children, Equality, Disability, Integration and Youth for emergency accommodation from the local authority and private providers that are paid by the State; if they receive inspections; and if he will make a statement on the matter. [36095/23]

View answer

Written answers

Housing for All recognises reducing and preventing homelessness as a top priority for the Government and commits to working towards eradicating homelessness by 2030.  Ultimately, the aim is to secure pathways out of emergency accommodation as quickly as possible, while also ensuring that those experiencing homelessness are provided with appropriate and high quality services. 

The National Quality Standards Framework (NQSF) for homeless services is in place nationally for local authority and Non Government Organisation (NGO) delivered services, and is designed to ensure a consistent approach in how local authorities and service providers respond to the needs of those experiencing homelessness and to improve the quality of services provided.

Homeless Persons Supports

Questions (592)

Violet-Anne Wynne

Question:

592. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he will direct all local authorities to record the number of families and individuals who make contact with them on the basis that they consider themselves to be homeless, and the outcome in each case; and if he will make a statement on the matter. [36110/23]

View answer

Written answers

Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988 provides that a local authority may provide accommodation and related services to that household. 

My Department publishes quarterly progress reports which are based on quarterly performance reports submitted by the nine regional lead authorities responsible for the administration of homeless services at local level. These quarterly performance reports include details of the numbers of individuals prevented from entering emergency accommodation, and those exiting emergency accommodation into tenancies and the duration of stay in emergency accommodation. The quarterly progress report summarises the data submitted to the Department.

The most recent published data is in respect of Q1 2023 and the report is available on my Department’s website at the following link: www.gov.ie/en/collection/80ea8-homelessness-data/ . Furthermore, at this link you will find the collated regional quarterly performance reports that include details of the number of new family/new single presentations and repeat family/repeat single presentations on a daily basis.

Homeless Accommodation

Questions (593)

Violet-Anne Wynne

Question:

593. Deputy Violet-Anne Wynne asked the Minister for Housing, Local Government and Heritage if he has any plans to broaden the definition of homelessness; and if he will make a statement on the matter. [36111/23]

View answer

Written answers

My Department's role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at a local level.  Section 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, along with nominated representatives of the local authority Regional Homelessness leads, undertook a 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.

The review is now complete and and a policy position is being developed.

Commercial Rates

Questions (594)

Peadar Tóibín

Question:

594. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage how many appeals in terms of rates are currently with Tailte Éireann; the average wait time for a rates appeal; how long is the longest wait time for a rates appeal with Tailte Éireann; the percentage of appeals that are successful on an annual basis; how many staff are working in the processing of appeals within the appeals office in each of the past ten years; how much in financial terms is returned to business owners due to overcharging rates on an annual basis; and if he will reinstate the first appeal stage to provide resolution before the tribunal stage. [36124/23]

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Written answers

Tailte Éireann is the State agency formed on 1 March 2023 following the merger of Ordnance Survey Ireland, the Property Registration Authority and the Valuation Office. All the functions previously carried out by the Property Registration Authority, the Valuation Office, and Ordnance Survey Ireland are now being performed by Tailte Éireann.  The Valuation Division of Tailte Éireann carries out the valuation activities formerly assigned to the Valuation Office. Tailte Éireann is independent in the exercise of its valuation functions under the Valuation Act 2001, as amended.

In determining the valuation of a property, Tailte Éireann engages with the property occupier. There are a number of avenues of redress for an occupier of a rateable property who is dissatisfied with a determination of valuation made under the provisions of the Valuation Acts 2001, as amended. Firstly, before a determination is made, there is a right to make representations to Tailte Éireann in relation to a proposed valuation. Later in the process, if the occupier is still dissatisfied with the determination, there is a right of appeal to the Valuation Tribunal which is an independent body set up for the purpose of hearing appeals against determinations of Tailte Éireann. There is also a right of appeal to the Higher Courts on a point of law.

Up until 2015 there was a third avenue of redress between the representations phase and the appeals to the Valuation Tribunal whereby an occupier could appeal a determination of value to the Commissioner of Valuation. This provision was removed as part of the Valuation (Amendment) Act 2015 with a view to modernising and streamlining the rateable valuation system, and has contributed significantly to the roll out of the National Revaluation Programme and engagement with occupiers of rateable property.

I am satisfied that the present system achieves an equilibrium between maintaining up-to-date accurate valuation lists and ensuring avenues of redress are available to occupiers and do not currently have plans to reinstate the First Appeal stage.

At the beginning of 2023, the Valuation Tribunal had 1,010 appeals on hand, down from 1,651 on hands at the beginning of 2022.  On average, over the past two years, the Tribunal has closed 767 appeals.  As the Valuation Tribunal is independent in the performance of its functions, my Department does not hold the information requested in relation to wait times for appeals, or in relation to the percentage of appeals that are successful. However, arrangements have been put in place by the Valuation Tribunal to provide information directly to Oireachtas members. The specific information requested can be sought by emailing info@valuationtribunal.ie. Annual Reports for the Valuation Tribunal are available at Publications - Valuation Tribunal.

The ongoing National Revaluation Programme has, in recent years, had significant implications for the workload of the Valuation Tribunal. The introduction of remote hearings, however, has provided the Tribunal with enhanced capacity to facilitate and schedule an increased number of appeals for hearing.  There are currently 31 Members assigned to the Tribunal and the Public Appointments Service has recently advertised a campaign to fill a number of existing Tribunal member vacancies.  The Tribunal also has sanction for 15 staff and is currently carrying two vacancies, which my Department expects to fill shortly.  My Department will continue to monitor the resourcing of the Valuation Tribunal to enable it to carry out its functions in a timely and efficient manner.

In relation to commercial rates, it should be noted that local authorities are under a statutory obligation to levy rates on any property used for commercial purposes, in accordance with the details entered in the valuation lists prepared by Tailte Éireann under the Valuation Acts 2001 to 2020.

Rating law contains a long-standing provision dating back to the Poor Relief (Ireland) Act 1838 that, notwithstanding any appeal or notice of appeal, the rate is levied and payable as if no appeal had been made until the appeal is decided.  The levying and collection of rates are matters for each individual local authority.  The information requested in respect of payment of rates by ratepayers to each local authority is not available in my Department.

National Parks

Questions (595)

Michael Healy-Rae

Question:

595. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage the reason only a two-week permit was issued to a group (details supplied); and if he will make a statement on the matter. [36135/23]

View answer

Written answers

All operators of commercial activities in the National Park, such as cycling tours, boating and kayak trips, pony trekking and jaunting car trips must possess permits issued locally by the Park management team. 

It is my understanding that there was never a two-week permit awarded to any operator in the area raised in this query.  

Over the last few years, counters have been placed across routes in the National Park mentioned. One popular cycling route recorded an average of 60,000 cyclists in 2022. The 3 busiest periods for visitors to the area are the months of June, July and August.  These months account for almost half of the 60,000 visitors. In addition, on average, we would have a further 60,000 pedestrians utilising the same route.  

Allowing a single operator free access to any of our National Parks without restriction would not be possible, given this high volume of tourists and the numbers of operators requiring licences.  Our aim is always to provide visitors with the best possible experience when they visit our Parks. For that reason, during particularly busy periods, we have had to place limitations on the number of days per week we can issue permits for.  Our National Parks are for all and management of commercial traffic allows visitors of all types the freedom to enjoy the space.

Planning Issues

Questions (596)

Pádraig O'Sullivan

Question:

596. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage how many judicial reviews or High Court planning appeals An Bord Pleanála has failed to contest, which rendered the planning permissions void in 2022 and to date in 2023; and if he will make a statement on the matter. [36155/23]

View answer

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.

My Department does not hold the specific information requested.  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.

Planning Issues

Questions (597)

Pádraig O'Sullivan

Question:

597. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage the reason An Bord Pleanála would decide not to issue a defence of its own decision at the High Court (details supplied) in the case of a planning appeal; and if he will make a statement on the matter. [36156/23]

View answer

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, I as Minister 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. 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.

Fire Service

Questions (598, 599, 600, 601)

John Brady

Question:

598. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the estimated amount it would cost to pay members of the Retained Fire Service an hourly rate equivalent to the average industrial wage; and if he will make a statement on the matter. [36201/23]

View answer

John Brady

Question:

599. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the estimated amount it would cost to increase the number of station officers to two officers per fire station; and if he will make a statement on the matter. [36202/23]

View answer

John Brady

Question:

600. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the estimated amount it would cost to increase the crew numbers in a two-pump fire station to 18; and if he will make a statement on the matter. [36203/23]

View answer

John Brady

Question:

601. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the estimated amount it would cost to increase the crew numbers in a one-pump fire station by three; and if he will make a statement on the matter. [36204/23]

View answer

Written answers

I propose to take Questions Nos. 598 to 601, inclusive, together.

The provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts, 1981 and 2003. 

My Department supports fire authorities by establishing policy, setting national standards for fire safety and fire service provision, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects and the procurement of essential frontline fire appliances, ancillary vehicles and equipment.

Under the Fire Services Acts, 1981 and 2003, 31 local authorities provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.

Granular data, in terms of staff allocated to specific work areas within local authorities is not collected and consequently is not available in my Department. Some of the data requested will be available from the local authorities; however, estimated average levels of hourly pay depend on grade, length of service, calls answered and time of day and varies from person to person, from station to station and from year to year, so is not standard across the service.

Question No. 599 answered with Question No. 598.
Question No. 600 answered with Question No. 598.
Question No. 601 answered with Question No. 598.

Regulatory Bodies

Questions (602)

Paul Kehoe

Question:

602. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage if all board members have been appointed to MARA; if so, if he will provide the full list of members; the name of the new CEO; how many board meetings have been held; the dates and locations of same; and if he will make a statement on the matter. [36210/23]

View answer

Written answers

The Maritime Area Regulatory Authority (MARA) was formally established on 17 July 2023. 

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 MARA in this regard is info@mara.gov.ie  

However, to be of assistance my Department can confirm that details of the board members, Chair and the CEO are available on MARA's website at the following link:

www.maritimeregulator.ie/news/board-members/

Regulatory Bodies

Questions (603)

Paul Kehoe

Question:

603. Deputy Paul Kehoe asked the Minister for Housing, Local Government and Heritage what trips have been taken by staff and board members of an organisation (details supplied); the purpose of these trips; what trips are planned by staff and board members and the purpose of these trips for the remainder of 2023; and if he will make a statement on the matter. [36211/23]

View answer

Written answers

The Maritime Area Regulatory Authority (MARA) was formally established on 17 July 2023.  This new stage agency, whose functions are set out in the Maritime Area Planning Acts 2021 and 2022, will play a key role in the new streamlined consenting system for the maritime area.  MARA is responsible for regulating development and activity in Ireland’s maritime area and its role will include assessing applications for Maritime Area Consents (MACs), which are required before developers of offshore wind and other projects in the maritime area can make a planning application. It is responsible for granting licences for certain activities in the maritime area.

The information requested is a matter for MARA.  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 MARA in this regard is info@mara.gov.ie

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