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Tuesday, 10 Oct 2023

Written Answers Nos. 288-302

State Properties

Questions (288)

Ivana Bacik

Question:

288. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if the Housing Agency owns properties or sites which are vacant or derelict; if so, the number and addresses of such properties; if they are recorded on the vacancy or dereliction registers; and the reason for which they are vacant or derelict, in tabular form. [43859/23]

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Written answers

My Department does not hold the information sought in the question. However, the Housing Agency have a dedicated email address to assist Oireachtas members in seeking information and can be contacted at publicreps@housingagency.ie.

State Properties

Questions (289)

Ivana Bacik

Question:

289. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage if he will report on progress to activate State-owned vacant properties, per objective 4.5 of Housing for All; and if he will make a statement on the matter. [43882/23]

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Written answers

To deliver on Housing for All objective 4.5, the Government has targeted the use of vacant and under-utilised suitable State Lands as an important mechanism for the delivery of additional housing. 

The Land Development Act 2021 enables the transfer of these state lands to the Land Development Agency (LDA) for the planning and development of much needed affordable purchase, cost rental and social homes. 

The Land Development Agency has a strategic objective to develop a long-term approach to housing pipeline development and manage State land to expedite the provision of affordable and social homes. 

To this end, the Government originally agreed the transfer of 8 state owned sites to the LDA to advance housing delivery and, in Housing for All, agreed a further 20 sites for transfer to the LDA.

Work on these sites and projects is steadily advancing. Construction is underway at the site of the former St Kevin's Hospital in Cork City with 265 homes to be delivered between 2025 - 2027, and works will shortly begin on site at Devoy Barracks in Naas where 219 homes are expected to be delivered.

The LDA have secured planning permission for 852 homes on the former Central Mental Hospital site in Dundrum,345 homes in Hackettstown, Skerries and 817 homes in Castlelands, Balbriggan. 

Furthermore, the LDA's Report on Relevant Public Lands 2023, identified a further potential pipeline of sites that could potentially be used to develop housing and deliver compact urban development and regeneration. In total, it identifies 83 areas of public land in 10 cities and key urban growth centres where an initial assessment has identified potential to deliver housing-led development that could deliver up to 66,910 homes.

Stakeholder engagement meetings between my Department and the land owners for each of these sites are nearing conclusion, with recommendations for advancing housing delivery, where possible, to be made to me and the Government thereafter. 

Local Elections

Questions (290)

Alan Farrell

Question:

290. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage what efforts are being made to ensure the integrity of local elections taking place in 2024; and if he will make a statement on the matter. [43889/23]

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Written answers

The primary role of my Department in electoral matters is to provide an appropriate policy and legislative framework for a modern and efficient electoral system.  Within that framework, returning officers are responsible for all matters in connection with the actual conduct of elections and referendums.  This includes the provision of a sufficient number of polling stations, conveniently distributed for the accommodation of the electors entitled to vote there as well as the selection, appointment and training of polling station and count staff in accordance with the relevant provisions of electoral law.

As a safeguard against the offence of personation at the poll for local elections, Article 73 of the Local Elections Regulations 1995 provides that a presiding officer may, at his or her own discretion, or if required by a personation agent present in the polling station, require any person attending to vote to produce one of the specified documents as evidence of identity.  If he or she fails to produce the document, or if the presiding officer is not satisfied that the person concerned is the person to whom the document produced relates, the person shall not be permitted to vote.  The documents that may be accepted are prescribed in regulation 2(b) of the Electoral (Amendment) (No. 2) Regulations 2019.

In addition, admittance to count centres is also a matter for returning officers. The Local Elections Regulations 1995 provide that the returning officer, his assistants and clerks, members of the Garda Síochána on duty and candidates and their agents may be present at the counting of votes at a local election.  No other person may be present at a count without the permission of the returning officer.

In advance of each election and referendum, my Department routinely issues guidance to returning officers. This guidance would typically emphasise that the smooth conduct of polls is dependent on maintaining a cadre of sufficiently skilled and experienced personnel.  Having regard to that overall objective, returning officers are advised to employ competent and efficient persons as polling clerks whose responsibilities will be overseen under the guidance of experienced presiding officers.

Separate to the role of returning officers, An Coimisiún Toghcháin, which was established on 9 February 2023, is now operational.  Section 30(3) of the Electoral Reform Act 2022 provides that An Coimisiún shall be independent in the performance of its functions.

In very broad terms, An Coimisiún will take on several existing electoral functions, including the registration of political parties and the work of Referendum Commissions, Constituency Commissions and Local Electoral Area Boundary Committees.  It also has a range of new functions including a research, advisory and voter education role and the oversight of the electoral register. Responsibility for the regulation of online paid-for political advertising and the investigation and monitoring of online disinformation, online misinformation and manipulative or inauthentic behaviour online during election campaign periods will also become functions for An Coimisiún upon the commencement of the relevant parts of the Electoral Reform Act 2022, which is progressing. It is also empowered to prepare ex-post reports on the administration of electoral events.

Ultimately, An Coimisiún Toghcháin will strengthen our electoral system as a whole and help us to anticipate and respond to the challenges we face in an ever evolving electoral environment. 

Planning Issues

Questions (291, 292)

Jim O'Callaghan

Question:

291. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will detail, in tabular form, the current number of valid but un-commenced residential planning permissions, per local authority area, in chronological order, indicating the date that permission was granted and the date that permission will expire. [43905/23]

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Jim O'Callaghan

Question:

292. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of residential planning applications, per local authority area, in each of the years 2016 to 2022 and to date in 2023, in tabular form. [43906/23]

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Written answers

I propose to take Questions Nos. 291 and 292 together.

Planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website at the following link:

www.gov.ie/en/service/9e4ee-get-planning-statistics/.

The data collected relates to the total number of applications and decisions for all developments that require planning permission, broken down by year and planning authority. However, more granular data, such as in relation to the number of residential planning applications or un-commenced residential planning permissions is not specifically collected and consequently is not available in my Department.  Such information may be sought directly from the relevant planning authority and An Bord Pleanála as appropriate.

It should be noted that arrangements have been put in place by each Agency under the remit of the Department, including An Bord Pleanála, to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for An Bord Pleanála in this regard is oireachtasqueries@pleanala.ie.

The Central Statistics Office (CSO) provides detailed data available on a number of planning related issues, including permissions granted by development type and county, on its website. This is updated on a quarterly basis and can be accessed at the following link: www.cso.ie/en/statistics/buildingandconstruction/planningpermissions/.

A person who intends to carry out either works or a Material Change of Use to which the Building Regulations apply is required to submit a Commencement Notice to the relevant Building Control Authority not more than 28 days and not less than 14 days before the commencement of works or the change of use.  Once validated by the building control authority, works must commence on site within the 28-day period.  The total number of commencement notices for new residential homes that have been received since the formation of the current Government on a county-by-county basis can be found in tabular form on my Department’s website, at the following link: www.gov.ie/en/publication/a5cb1-construction-activity-starts/.

Under section 30 of the Planning and Development Act 2000, as amended, the Minister with responsibility for planning shall not exercise any power or control in relation to any particular case with which a planning authority or the Board is or may be concerned.

Question No. 292 answered with Question No. 291.

Planning Issues

Questions (293, 294)

Jim O'Callaghan

Question:

293. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of valid residential planning applications appealed to An Bord Pleanála, per local authority area, in each of the years 2016 to 2022 and to date in 2023, in tabular form. [43907/23]

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Jim O'Callaghan

Question:

294. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of valid residential planning applications appealed and upheld by An Bord Pleanála, per local authority area, in each of the years 2016 to 2022 and to date in 2023, in tabular form. [43908/23]

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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 be of assistance, my Department requested the information from the Board who have provided the following information in the documents linked below.

Applications appealed and upheld

Planning applications appealed to An Bord Pleanála, per local authority area

Planning Issues

Questions (295, 296)

Jim O'Callaghan

Question:

295. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of valid residential planning applications referred for judicial review, per local authority area, in each of the years 2016 to 2022 and to date in 2023, in tabular form. [43909/23]

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Jim O'Callaghan

Question:

296. Deputy Jim O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of valid residential planning applications referred and vindicated by judicial review, per local authority area, in each of the years 2016 to 2022 and to date in 2023, in tabular form. [43910/23]

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Written answers

I propose to take Questions Nos. 295 and 296 together.

The recording of court cases including those relating to planning is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent. Judicial Reviews against the State, on which my Department may be included as a party, are co-ordinated by the Chief State Solicitors Office under the guidance of the Attorney General's Office.

Decisions of An Bord Pleanála and local authorities can be challenged by way of Judicial Review and it is a matter for the Board or Local Authority and their respective legal teams to record such cases.

An Bord Pleanála includes some basic information on Judicial Reviews within it's Annual Report, which is available online at www.pleanala.ie/en-ie/publications?category=AnnualReports. In addition, arrangements have been put in place by each Agency under the remit of the Department, including An Bord Pleanála, to facilitate the provision of information by State Bodies directly to members of the Oireachtas. The contact email address for An Bord Pleanála in this regard is oireachtasqueries@pleanala.ie.

Question No. 296 answered with Question No. 295.

Urban Development

Questions (297)

Brian Leddin

Question:

297. Deputy Brian Leddin asked the Minister for Housing, Local Government and Heritage the update on developing his plans for Transit Oriented Development in Limerick, Cork, Galway and Waterford; and if he will make a statement on the matter. [43946/23]

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Written answers

My Department and the Department of Transport (DoT) jointly established a working group in December 2021 under ‘Housing for All’ to consider opportunities for Transport Orientated Development (TOD) in major urban centres. The group comprises membership from my Department, DoT, the National Transport Authority (NTA) and the Land Development Agency (LDA).

Transport Orientated Development (TOD) seeks to maximise the provision of housing, employment, public services and leisure space in close proximity to high quality transport services, including BusConnects, DART, Luas and MetroLink in Dublin.

The first report from this Working Group, which looked at Transport Oriented Development Opportunities in Dublin, was published on the 23 of June 2023 and can be found on my Department’s website: www.gov.ie/en/publication/0b532-opportunities-for-transport-orientated-development-tod-in-major-urban-centres-dublin-study/.

The TOD Working Group, which undertook the study, are now focussing on TOD opportunities in the Eastern Region (outside the four Dublin local authorities) and in Cork, Limerick, Galway and Waterford in 2023.  It is intended that when this assessment process is concluded, a similar report to that published in respect of the four Dublin authorities will be published.

The outputs from this work will also help to inform Government policy and initiatives in support of the National Strategic Outcomes of the National Planning Framework, in particular outcomes relating to Compact Growth, Sustainable Mobility and Transition to a Low Carbon and Climate Resilient Society.

This will include consideration of legislative and policy provisions, institutional arrangements, capacity-building measures and funding and resources required to facilitate the delivery of such plan-led development in a timely manner.

Engagement with local authorities, the LDA, the NTA and infrastructure providers, such as Uisce Éireann, will also continue in order to identify further opportunities and to accelerate TOD delivery.

Water Pollution

Questions (298, 299)

Jackie Cahill

Question:

298. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if any survey has taken place to analyse the level of human sewage entering watercourses, rivers, and lakes in County Tipperary; and if he will make a statement on the matter. [43958/23]

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Jackie Cahill

Question:

299. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if expert analysis has taken place to assess the impact of human sewage entering watercourses, lakes, and rivers in County Tipperary; if expert analysis has taken place to assess the likely effects if human sewage was not entering watercourses, lakes and rivers in County Tipperary; and if he will make a statement on the matter. [43959/23]

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Written answers

I propose to take Questions Nos. 298 and 299 together.

Primary responsibility for the monitoring, management, protection and improvement of water quality is assigned to local authorities under the Local Government (Water Pollution) Acts and related legislation.

Since 1 January 2014, Uisce Éireann has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local level, including investment in waste water treatment plants and returning treated waste water safely to the environment in an efficient and sustainable manner.

The Environmental Protection Agency (EPA) is the key statutory body for investigating complaints of pollution and for the enforcement, both directly and through oversight of Uisce Éireann and local authorities, of environmental legislation in Ireland, including compliance in relation to licensed urban waste water discharges.

The EPA publishes regular reports on its monitoring and assessment of water quality in rivers, lakes, groundwater and coastal areas. All these reports are available on www.epa.ie/

Question No. 299 answered with Question No. 298.

Wastewater Treatment

Questions (300)

Jackie Cahill

Question:

300. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the number of settlements in County Tipperary that have no wastewater treatment facilities; and if he will make a statement on the matter. [43960/23]

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Written answers

In April 2022, I announced a new funding measure under the Multi-annual Rural Water Programme, for the waste water collection and treatment needs of villages and settlements that do not have access to public waste water services. 

In advance of the announcement, my Department carried out a baseline survey of all rural local authorities, including Tipperary County Council, to establish the number of villages and settlements listed in their County Development Plan that do not have access to public waste water services.

At the time 61 such villages and settlements were reported in Co Tipperary, however Tipperary County Council are best placed to provide more current details.

Defective Building Materials

Questions (301)

Thomas Pringle

Question:

301. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage should a Defective Concrete Block (DCB) affected apartment owner in County Donegal apply to the enhanced defective concrete blocks grant scheme or the proposed remediation of apartments and duplexes scheme; and if he will make a statement on the matter. [43985/23]

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Written answers

Under the Enhanced DCB scheme apartments are not included for remediation.  

However, with respect to defective apartments, Government has approved the drafting of legislation to support the remediation of fire safety, structural safety and water ingress defects in purpose-built

apartment buildings, including duplexes, constructed between 1991 and 2013. The legislative approach proposed for remediating defects in apartments may also be applicable to apartment buildings affected by defective concrete blocks and this will be considered further in tandem with the development of the legislation.

Building Regulations

Questions (302)

Thomas Pringle

Question:

302. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage when it is envisaged the proposed remediation of apartments and duplexes scheme will be commenced; and if he will make a statement on the matter. [43986/23]

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Written answers

Since the receipt of Government approval in January of this year, I have been working to progress the various programmes of work that are required to place the scheme 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 on a statutory footing. 

The Housing Agency will play a central role in the remediation scheme when it becomes operational. It has established a web portal to serve as a knowledge base and OMCs may indicate their potential interest in the future remediation scheme by inputting information on their developments on the portal which is available on the Housing Agency's website.  It should be noted that this portal, which is subject to conditions of use, is not a formal registration mechanism for the future remediation scheme.

Work is also underway to draft the required legislation, which will include the scope, eligibility and conditions of the remediation scheme.  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.  I expect the draft legislation to be published in the first half of 2024 and, subject to the legislative process, it is intended that the statutory scheme will be in place later in 2024.

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