Brendan Griffin
Question:626. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage for clarification on a matter (details supplied); and if he will make a statement on the matter. [14030/24]
View answerHousing Policy
Questions (626)
Written answers
The Capital Assistance Scheme (CAS), provides up to 100% of the capital costs of a project to an Approved Housing Body (AHB) without repayment, subject to certain conditions being met. The Scheme does not provide funding towards ongoing operating costs such as heating.
With regards to the maintenance of the properties, this is funded through a combination of economic rents received from the tenant (based on the ability to pay) and, in some cases, a Rental Accommodation Scheme subsidy paid to the AHB by the Local Authority. These monies are paid directly to AHBs, who are are obliged to hold an element of these payments in a sinking fund to meet short, medium and long term maintenance costs.
Question No. 627 answered with Question No. 591.
Septic Tanks
Questions (628)
Jennifer Murnane O'Connor
Question:628. Deputy Jennifer Murnane O'Connor asked the Minister for Housing, Local Government and Heritage how many septic tanks have been inspected in Carlow to date, in tabular form, annually since 2000; and if he will make a statement on the matter. [14106/24]
View answerWritten answers
My Department does not compile the information requested.
The Water Services Act 2007 (as amended) requires the Environmental Protection Agency (EPA) to produce a national inspection plan for domestic waste water treatment systems, also known as septic tanks. The EPA report on the implementation of the plan and publishes information on inspections and enforcement on an annual basis.
The latest report for 2022 can be found on the EPA's website at the link below:www.epa.ie/publications/compliance--enforcement/waste-water/domestic-waste-water-treatment-system--dwwts-inspections-2022.php.
Question No. 629 answered with Question No. 590.
Housing Schemes
Questions (630)
Aindrias Moynihan
Question:630. Deputy Aindrias Moynihan asked the Minister for Housing, Local Government and Heritage to give consideration to including Part V properties under the tenant purchase scheme; and if he will make a statement on the matter. [14115/24]
View answerWritten answers
The Tenant (Incremental) Purchase Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the scheme. The scheme is underpinned by the Housing (Miscellaneous Provisions) Act 2014 and the Housing (Sale of Local Authority Houses) Regulations 2015, as amended by the Housing (Sale of Local Authority Houses) (Amendment) Regulations 2023.
The regulations provide for a number of specified classes of houses to be excluded from sale, including those provided to local authorities under Part V of the Planning and Development Act 2000. The Part V provisions seek to promote social integration and secure mixed tenure, sustainable communities. Accordingly, Part V properties are excluded from the scheme to ensure the original policy goals of the legislation are not eroded over time and the properties remain available for people in need of social housing support.
My Department monitors schemes such as this on an ongoing basis to ensure that they remain effective and sustainable, however, there are no plans to amend this aspect of the scheme at this time.
Planning Issues
Questions (631)
Paul Murphy
Question:631. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage whether he intends to change the law in light of the decision in a case (details supplied) to ensure that applications for installation of masts need to go through a planning process including the notification of the public and the right to object. [14128/24]
View answerWritten answers
Disallowance sought:
In accordance with section 30 of the Planning and Development Act 2000, as amended (the Act). I, in my role as 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, including judicial reviews.
There was no Judgement issued in the case specified and therefore the outcome of the case did not impact in any way on the statutory planning framework.
The licensing regime in respect of overground electronic communications infrastructure is prescribed under section 254 of the Act. In this regard, section 254(6) provides that any person may, in relation to the granting, refusing, withdrawing or continuing of a licence under that section, or to the conditions specified by the planning authority for such a licence, appeal to An Bord Pleanála. Where a party to an appeal is not satisfied with the outcome of the appeal, they may seek a judicial review of that decision in accordance with sections 50, 50A and 50B of the Act. It is a matter for the Board to consider appeals received and for the Courts to consider judicial reviews on a case-by-case basis.
Electoral Process
Questions (632)
Neasa Hourigan
Question:632. Deputy Neasa Hourigan asked the Minister for Housing, Local Government and Heritage his plans to merge the voter registration websites checktheregister.ie and voter.ie; and if he will make a statement on the matter. [14155/24]
View answerWritten answers
The Electoral Reform Act 2022, (www.irishstatutebook.ie/eli/2022/act/30/enacted/en/pdf) delivers the legislative underpinning for a range of significant electoral reforms set out in the “Programme for Government – Our Shared Future". As part of progressing the commitment to developing a national shared database, as provided for in the legislation, I signed SI 460 of 2023
(www.irishstatutebook.ie/eli/2023/si/460/made/en/pdf) prescribing Dublin City Council as the Designated Registration Authority for the purpose of establishing, managing and maintaining a new shared database to facilitate registration authorities in the efficient performance of their functions in relation to the electoral register. Dublin City Council is currently engaged in a procurement process to build on the existing Voter.ie system to deliver a modern, accessible and secure solution for all Local Authorities.
The new centralised system once established will be the sole system supporting electoral registration in Ireland, replacing the both the current www.voter.ie/ and Checktheregister.ie. Dublin City Council will continue to manage and maintain the system on behalf of the local authority sector. Migration of Local Authorities to the new system is expected to begin in mid-2025.
A governance structure, drawn from central and local government has been put in place to oversee the delivery of the new shared database and to ensure that the process delivers a fit for purpose, secure and value for money solution to maximise the benefits of the modernisation process.
Departmental Advertising
Questions (633)
Jackie Cahill
Question:633. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if his Department uses community radio for advertising and public awareness campaigns; if not, the reason, given the vital role community radio often plays in the dissemination of information to local communities; if his Department will consider using community radio for public awareness campaigns in the future; and if he will make a statement on the matter. [14168/24]
View answerWritten answers
My Department conducts information campaigns to ensure that the public are aware and up to date on the many supports and services that are available to them. Professional media buyers are used to ensure value for money and the best possible reach to the public.
Community radio is defined as non-profit but licensed radio. To date my Department has not used these radio stations for advertising. However, following the enactment of the Official Languages (Amendment) Act 2021 we have advertised with Raidió na Life, which can be considered a community radio station, as part of our commitment to advertising with Irish language outlets during our information campaigns.
I do appreciate that the community radio sector plays a valuable role within the wider media landscape. The sector provides social benefits from encouraging volunteerism and networking to good governance, training and partnership.
Recognising that, State funding for the sector is provided by the new commission for regulating broadcasters, Coimisiún na Meán, through the Sound and Vision Scheme, which provides dedicated funding rounds for the sector. In the most recent round, up to €750,000 was available for Social Benefit projects for community radio and television.
Housing Schemes
Questions (634)
Gino Kenny
Question:634. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the case of a person (details supplied); if he will raise the matter with decision-making officials in Dublin City Council; and if he will make a statement on the matter. [14209/24]
View answerWritten answers
The administration of the Housing Assistance Payment (HAP) scheme is a matter for the relevant local authority and HAP application processing times may vary across local authorities.
Once a HAP application has been received and confirmed as valid by the relevant local authority, it is entered on the system by the local authority and then submitted for processing and payment by the HAP Shared Service Centre (HAP SSC). Payments are made to landlords on the last Wednesday of each month.
If there are delays at the processing stage within a local authority, payment to the landlord will be backdated to the date on which a complete and valid application form was received by the local authority. The landlord is therefore not penalised for any delay.
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.
The latest data available for HAP processing times covers the period up to end Q3 2023 and shows that the average processing time across all local authorities is 37 days.
My Department and local authorities are aware of the importance of minimising HAP processing times and the critical need to keep this under review at a local level in order to ensure times are minimised to the greatest extent possible.
Housing Schemes
Questions (635)
Mark Ward
Question:635. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage the statutory time where a social housing application must be processed by a local authority; if this is the same for each local authority; and if he will make a statement on the matter. [14282/24]
View answerWritten answers
Applications for social housing support are assessed by the relevant local authority, in accordance with the eligibility and need criteria set down in section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Social Housing Assessment Regulations 2011, as amended. Regulation 12 of the 2011 Regulations prescribes the timescales for the processing of applications by local authorities and provides that, subject to conditions, a local authority shall deal with an application within a period of 12 weeks. Local authorities will prioritise housing needs assessments for those in greatest need and seek to process their applications well within the prescribed maximum timeframes.
In the event that the assessment cannot be completed within the mandated time, the local authority must notify the applicant in writing of this fact, specifying the reasons why the assessment could not be completed in good time.
If the local authority requires additional information from the applicant, it should request that information as early into the assessment process as possible. In accordance with Regulation 11(1), the applicant has 4 weeks from the time of the request to provide the requested information/documentation to the local authority.
Should the applicant fail to do so, then the application should be returned to the applicant with a covering letter stating that an assessment could not be carried out by the local authority.
Where it is not possible for the applicant to provide any information/documentation requested by the local authority within the 4 week period (e.g. where documentation is being sought from a third party that has been delayed), a local authority may, if it feels it appropriate, grant an extension to the applicant to provide the requested information/documentation. Local authorities then have 6 weeks after receipt of additional information requested to process the application. In any event, the processing of a valid application by a local authority shall not exceed 14 weeks after the initial 12 weeks from the date of application has expired.
Housing Schemes
Questions (636)
Ruairí Ó Murchú
Question:636. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage if he will detail the sources of, and definition of, reckonable income for the purposes of local authorities' assessment of applications under the tenant incremental purchase scheme; and if he will make a statement on the matter. [14283/24]
View answerWritten answers
The Tenant (Incremental) Purchase Scheme provides for the purchase by eligible tenants of local authority houses which are available for sale under the scheme. All applications for the Scheme must satisfy the requirements outlined in the Housing (Miscellaneous Provisions) Act 2014 and the Housing (Sale of Local Authority Houses) Regulations 2015.
Changes to the scheme took effect from 29 January 2024 with the introduction of the Housing (Sale of Local Authority Houses) (Amendment) Regulations 2023 which came into effect from 29 January 2024. These Regulations and subsequent Ministerial Directions to local authorities, include the criteria relating to minimum primary reckonable income. Specifically, to be eligible, applicants must meet certain criteria, including minimum primary reckonable income of €11,000.
In determining a tenant’s minimum annual reckonable income, local authorities can include income from employment, self-employment, private pensions, and the contributory and non-contributory State pensions. In addition, from the above date, the Widow's, Widower's, Surviving Civil Partner's Pension (Contributory and Non-Contributory), Blind Pension, Invalidity Pension, and Disability Allowance, are considered to be primary reckonable income for the purposes of determining eligibility for the Scheme.
Furthermore, certain social protection payments can also be considered reckonable, where the social protection payment is secondary to income from employment, pension, or social protection payments referred to above.
The minimum annual reckonable income requirement has a dual purpose. It ensures the scheme is sustainable and the tenant purchasing the house has the financial means to maintain and insure the property for the duration of the charged period. While eligibility for the scheme is determined by the local authorities on examination of an application, it should be noted that my Department has issued detailed written guidance to all local authorities regarding the operation of the scheme.
Local Authorities
Questions (637)
Holly Cairns
Question:637. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage if a timeline is set for the process to recruit a Chief Executive Officer to Cork County Council; the term of the contract for the new CEO; and, if applicable, the number of candidates who have so far expressed an interest in the role. [14288/24]
View answerWritten answers
The Public Appointments Service (PAS) manages recruitment competitions for local authority Chief Executives and is independent in the performance of its functions.
Following the completion of the PAS process, the appointment process of a Chief Executive is governed by S.I. No. 589/2014 - Local Government (Appointment of Chief Executive) Regulations 2014. (irishstatutebook.ie). Beyond legislating for this process, I have no role in respect of the appointment of individual Chief Executives, which is a matter for the elected Council. This statutory instrument dictates that once a recommendation has been put forward by PAS, the Corporate Policy Group of the Council must meet within 5 working days of receipt of this recommendation to establish the views of the group in relation to the proposed appointment. Immediately following this meeting, the Cathaoirleach shall convey in writing the views of the group in relation to the recommendation to the elected Council for consideration. Within 10 working days of the receipt of the views of the Corporate Policy Group, the elected Council of the local authority must meet to consider the recommendation.
Following this consideration, the elected Council shall decide –
a) to appoint the recommended person as Chief Executive,
b) not to appoint the recommended person as Chief Executive, or
c) to seek additional information from PAS in relation to the recommendation.
The process for considering additional information and for conveying the final decision to appoint or not to appoint is set out in the statutory instrument.
The tenure of a local authority Chief Executive is governed by section 147 of the Local Government Act 2001, as amended, and associated Orders and Regulations. The person appointed will hold office for 7 years, or until aged 70, whichever is the earlier. There is provision to extend the tenure by 3 years subject to the age limit of 70 years not being exceeded. The maximum tenure period(s) for a Chief Executive may not exceed 10 years in the same Local Authority.
State Bodies
Questions (638)
Jackie Cahill
Question:638. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if he is aware of concerns that Tailte Éireann has commenced the practice of not providing reasons for rejection when rejecting applications in more recent months; what is the justification for reasons for rejection not being provided when applications are rejected; what lead to the decision to commence this practice; what consultation was had with interested parties before the commencement of this practice; if Tailte Éireann will reverse this decision and recommence the practice of providing reasons for rejection with rejected applications, given the inefficiency this has created in the system; and if he will make a statement on the matter. [14294/24]
View answerWritten answers
Tailte Éireann is an independent Government agency under the aegis of my Department. Tailte Éireann provides a property registration system, property valuation service, and national mapping and surveying infrastructure for the State. Under Section 8(6) of the Tailte Éireann Act 2022, Tailte Éireann is independent in the performance of its functions.
I understand from Tailte Éireann that, the grounds which give rise to rejection of applications for registration have not changed and that Tailte Éireann has discussed the recent internal process change, in regard to rejection of applications which are not in order to be registered, with the Law Society Conveyancing Committee.
Tailte Éireann has indicated that the significant number of poor quality applications that continue to be lodged has led to a substantial administrative burden for Tailte Éireann. This has resulted in resources being utilised which could be better spent in the public interest by reducing processing times for all applications in order.
Tailte Éireann has also indicated that the change in process involves the rejection of an application once any significant error is discovered which will prevent registration of the application. Regarding the issue raised that the reason for rejection is not being provided, I understand from Tailte Éireann that the error will be specified in correspondence to the lodging party and no further examination of the application will be undertaken. A checklist, and a mapping checklist if appropriate, will be enclosed with the rejection letter. The lodging party will be advised to ensure that the application meets all of the requirements on the checklist prior to re-lodgement.
The responsibility for ensuring the accuracy of an application for registration rests with the applicant, or their solicitor. The function of Tailte Éireann is to register applications that are in order to proceed.
It is important to note that Tailte Éireann is not an advisory body. The lodging party should ensure the application is fully and accurately completed before lodging. This is in the best interests of all concerned, as applications which are not in order result in delays in registration for all applicants.
It is understood from Tailte Éireann that there are no plans to reverse the recent internal process change.
Further information may be obtained by Oireachtas members by contacting the dedicated e-mail address in respect of Tailte Éireann at reps@tailte.ie.
Housing Schemes
Questions (639)
Patricia Ryan
Question:639. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage the number of staff working at processing HAP applications in the HAP offices in Limerick, in tabular form. [14301/24]
View answerWritten answers
Limerick City and County Council operates the HAP Shared Services Centre (HAPSSC) on behalf of all 31 local authorities across the country as well as the Dublin Regional Homeless Executive.
Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authority for which he or she is responsible. Information on current staffing levels of the HAPSSC is held by Limerick City and County Council.
Housing Schemes
Questions (640)
Patricia Ryan
Question:640. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage if he will investigate the reason for HAP applications taking from 12 to 18 weeks to be completed, leaving applicants in very difficult situations, causing huge financial distress and even in some cases causing applicants to lose the home due to the delay in completion; and if he will make a statement on the matter. [14302/24]
View answerWritten answers
The administration of the Housing Assistance Payment (HAP) scheme is a matter for the relevant local authority and HAP application processing times may vary across local authorities.
Once a HAP application has been received and confirmed as valid by the relevant local authority, it is entered on the system by the local authority and then submitted for processing and payment by the HAP Shared Service Centre (HAP SSC). Payments are made to landlords on the last Wednesday of each month.
If there are delays at the processing stage within a local authority, payment to the landlord will be backdated to the date on which a complete and valid application form was received by the local authority. The landlord is therefore not penalised for any delay.
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.
The latest data available for HAP processing times covers the period up to end Q4 2023 and shows that the average processing time across local authorities is 37 days.
Since 1 March 2024, tenants and landlords can apply for HAP via an online portal www.hap.ie/apply/ . It is expected that the introduction of this online application form will provide efficiencies for tenants, landlords and local authorities.
My Department and local authorities are aware of the importance of minimising HAP processing times and the critical need to keep this under review at a local level.
Housing Schemes
Questions (641)
Patricia Ryan
Question:641. Deputy Patricia Ryan asked the Minister for Housing, Local Government and Heritage when current HAP limits for County Kildare are due to be reviewed, in light of continually rising rent levels; and if he will make a statement on the matter. [14303/24]
View answerWritten answers
Under the Housing Assistance Payment (HAP) scheme, tenants source their own accommodation in the private rented market. The accommodation sourced by tenants should be within the prescribed maximum HAP rent limits, which are based on household size and the rental market within the area concerned. Local authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet the rental costs being sought
Each local authority has statutory discretion to agree to a HAP payment above the prescribed maximum rent limit in order to secure appropriate accommodation for a household that requires it. In July 2022, this discretion level was increased from 20% to 35% and for new tenancies to extend the couple’s rate to single persons households in each local authority area. Up to 50% discretion can be provided in the case of homeless households in the Dublin region. It is a matter for the local authority to determine, on a case by case basis, whether, and to what extent, the application of the flexibility is warranted.
At end Q3 2023 the total number of households being supported by HAP in Kildare County Council was 1,847 and 65% of the households being supported by HAP in Kildare County Council were benefiting from the additional flexibility. In those cases, the average rate of discretionary payment being used was almost 19% above the rent limits.
My Department continues to keep the operation of the HAP scheme under review and closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis.
Electoral Process
Questions (642)
Holly Cairns
Question:642. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage the evidence on which the decision was made to close voting at 8 pm on Whiddy Island for the recent referendum on 8 March 2024, considering the polling officer and polling clerk are residents on the island thus are not limited by bad weather or the ferry timetable, which could be altered as necessary to facilitate voting; to extend voting times for future polling days on Whiddy Island back to 10 pm in line with the rest of the country; and if he will make a statement on the matter. [14309/24]
View answerWritten answers
Part 8 of the Electoral Reform Act 2022 amended the electoral codes to provide for same-day island voting at all elections and referendums. Section 202 of the Act amends the Referendum Act 1994 and provides that the Minister may make an Order, taking account of advice from the local returning officer, to shorten polling hours on an island at a referendum where it would be unnecessary or impracticable to have full polling hours due to local circumstances. The local circumstances to be considered include
• the number of electors on the island,
• the distance between a polling station on an island and the place appointed for the counting of votes,
• advance forecasts of stress of weather, and
• foreseen transport difficulties.
Such an Order must be made no later than 7 days before polling day and the amended polling period must not be less than 4 hours. In advance of the referendums held on 8 March 2024, I was advised by the local returning officer that, taking local circumstances of electorate size and transport schedules into account, polling hours of 7 a.m. to 8 p.m. were appropriate in respect of polling on Whiddy Island.
In advance of the polls to be taken on 7 June and before deciding to make an Order in accordance with the legislative provisions, I will take account of the advice of the local returning officers in respect of the hours of polling on the islands.
International Protection
Questions (643)
Seán Haughey
Question:643. Deputy Seán Haughey asked the Minister for Housing, Local Government and Heritage if an exempted development regulation for the change of use of a wide repository of buildings for the accommodation of international protection applicants has been signed into law; if he plans to review the planning laws in place for this purpose; and if he will make a statement on the matter. [14344/24]
View answerWritten answers
The Planning and Development (Exempted Development) (No. 4) Regulations (S.I. 605 of 2022) were introduced to assist the Minister for Children, Equality, Disability, Integration and Youth (MCEDIY) in meeting Ireland’s legal obligation to provide accommodation to international protection applicants. The Regulations amend Part 1 of Schedule 2, entitled ‘Exempted Development -General’, to the Planning and Development Regulations 2001, as amended, to insert a new Class 20F exemption, with the structures in question being temporarily exempted from the requirement to obtain change of use planning permission. The regulations allow the temporary use - up until 31 December 2024 - of certain structures by or on behalf of the MCEDIY to accommodate or support persons seeking international protection.
Following engagement with the MCEDIY and as part of the response to the ongoing unprecedented demand for the accommodation of those seeking international protection, the Planning and Development (Exempted Development) (No 4) Regulations 2023 (S.I. 376 of 2023) - the "2023 Regulations" - extended the exemption provided by S.I. 605 of 2022, from 31 December 2024 to 31 December 2028. In addition, in order to provide greater flexibility in how sourced accommodation is used, the regulations extend the scope of the exemption provided by S.I. 605 of 2022 to include structures being used to accommodate persons displaced by the Russian invasion of Ukraine.
Under the regulations, the use for the purposes of accommodating displaced Ukrainian persons shall - unless it is extended in the meantime - be discontinued when the temporary protection introduced by the Council Implementing Decision (EU) 2022/382 of 4 March 2022 as part of the EU response to the invasion of Ukraine comes to an end, while the use for the purposes of accommodating persons seeking international protection shall be discontinued not later than 31 December 2028.
Fire Safety
Questions (644, 681)
Cian O'Callaghan
Question:644. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he will provide details on how the interim fire safety defect scheme will work for individuals who have already paid for defects to be repaired; how refunds will be provided (details supplied); and if he will make a statement on the matter. [14352/24]
View answerPaul Murphy
Question:681. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if those affected have to pay out in relation to the fire safety redress scheme in order that works can be completed and then the OMC can seek the refund from the redress scheme; and if he will make a statement on the matter. [14984/24]
View answerWritten answers
I propose to take Questions Nos. 644 and 681 together.
I announced on 11 December 2023 the opening of the Interim Remediation Scheme (Scheme) for the funding of emergency fire safety defect works in apartments and duplexes, constructed between 1991 and 2013. The Scheme, which is being administered by the Housing Agency on a nationwide basis, is open to applications from apartment Owner Management Companies (OMCs) via the Housing Agency’s website:
www.housingagency.ie/interim-remediation-scheme-fire-safety-defects-eligible-apartments-and-duplexes-2023.
The Interim Remediation Scheme (which relates to fire safety defects only) operates as follows: OMCs submitting a valid application will receive funding to carry out the necessary remedial works. Payments will be made under the Scheme based on invoices submitted by OMCs. Only applications from authorised representatives of OMCs will be considered. Funding will not, under any circumstances, be directly allocated to any individual homeowner through this Scheme.
In respect of refunds for outlay already made by homeowners before the interim scheme came into operation, the Government has approved the principle of allowing remediation costs already incurred or levied to be covered under the forthcoming statutory remediation scheme, once such costs fall within the scope and defined parameters of the scheme. My Department is preparing the legislation to put the remediation scheme on a statutory footing as a matter of priority. The statutory scheme will cover defects caused by water ingress and structural defects as well as those related to fire safety. The details and mechanics of retrospective payment will be worked out as this legislation is drafted. It is expected the draft legislation will be published in 2024 and that, subject to the legislative process, the statutory scheme will be in place shortly thereafter.
Housing Policy
Questions (645)
Catherine Connolly
Question:645. Deputy Catherine Connolly asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 197 of 14 February 2024, the status of the development of the new rural housing guidelines; the timeline for the publication of the guidelines; and if he will make a statement on the matter. [14356/24]
View answerWritten answers
Since the publication of the current Sustainable Rural Housing Guidelines in 2005 (which continue to have effect in addition to subsequent clarifications and national policy changes in the NPF) there have been important changes to our planning system. Most notably, obligations under European Directives and international agreements relating to the management and protection of the environment and adapting to and mitigating climate change have become more central to the operation of the planning system.
Updated Rural Housing Guidelines are currently being prepared by my Department. The updated guidelines will expand on the high level spatial planning policy of the National Planning Framework (NPF), in particular on National Policy Objective (NPO) 19 which relates to rural housing. This objective makes a clear policy distinction between rural areas under urban influence (i.e. areas within the commuter catchment of cities, towns and centres of employment) on the one hand, and structurally weaker rural areas where population levels may be low or declining, on the other. NPO 19 is also aligned with the established approach whereby considerations of social or economic need are to be applied by planning authorities in rural areas under urban influence.
The draft Rural Housing Guidelines will set out relevant planning criteria to be applied in local authority development plans for rural housing, based on the high level policy framework set by the NPF. The guidelines will continue to allow county development plans to provide for housing in the countryside based on the considerations detailed in NPO 19 of the NPF, and will also highlight the need to manage development in certain areas, such as the areas around cities and larger towns and environmentally sensitive areas, in order to avoid over-development.
While planning policy is a national, as opposed to an EU competence, due care is being taken to ensure the updated guidelines will not operate to conflict with fundamental EU freedoms, comply with EU environmental legislative requirements and have due regard to decisions of the European Court of Justice. The draft planning guidelines will address these complex environmental and legal issues, while also providing a framework for the sustainable management of housing in rural areas.
Having regard to these complex considerations, the draft guidelines are subject to legal review and Ministerial approval, following which it is intended that the draft guidelines will be published for a period of public consultation.