Written Answers Nos. 172-181
172. Deputy Billy Timmins asked the Minister for the Environment; Community and Local Government the grants available for the upgrade of septic tanks; the cut off registration date; and if the property has been sold in the interim, whether the new owner will be able to avail of the grant. [32645/13]
Amharc ar fhreagra176. Deputy Andrew Doyle asked the Minister for the Environment; Community and Local Government further to Parliamentary Question No. 458 of 23 April 2013, if he will provide information regarding the code of practice being drawn up for septic tank inspectors; the dealings his Department has had with the Environmental Protection Agency on this matter; when he expects inspectors to be appointed and be in a position to start conducting inspections in particular local authorities (detail supplied); and if he will make a statement on the matter. [32745/13]
Amharc ar fhreagraI propose to take Questions Nos. 172 and 176 together.
I refer to the reply to Questions 175 and 176 of 3 July 2013 which sets out the position in relation to the grants scheme for remediation of domestic waste water treatment systems . Full details , including eligibility criteria, are set down in the Domestic Wastewater Treatment Systems (Financial Assistance) Regulations 2013 which is available in the Oireachtas library.
The Environmental Protection Agency is responsible for the appointment t and supervision of inspectors. I understand that the Agency has recently invited the water services authorities to nominate suitably qualified and trained staff for appointment as inspectors and once appointments are confirmed, inspections will then commence. Neither I nor my Department have any role in the inspections process.
173. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if it has been brought to his attention that for families with six or more children, to be compliant with new road safety measures regarding seat belts, that families need to upgrade their vehicles from seven seater vehicles to either eight or nine seat vehicles; if his attention has been drawn to the fact that as a result of this change that motor taxation may increase by 300%-400% when they purchase adequately sized older vehicles leaving families a huge bill for the motor tax on older vehicles in order to be legally compliant; if he is intending to take measures to alleviate this situation for families struggling to pay the huge increase in motor taxation as a result of this road safety measure; and if he will make a statement on the matter. [32669/13]
Amharc ar fhreagraMotor tax for private cars is calculated on the basis of CO2 emissions or engine capacity, depending on the date of first registration of the car. I have no plans at this stage to introduce an additional element , based on the seating capacity of a vehicle.
174. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government the number of projects that were approved funding by his Department conditional on a bond being produced from a builder; the amount of the default by builders where such bonds were in place; the amount recovered through the use of bonds in such cases; and if he will make a statement on the matter. [32718/13]
Amharc ar fhreagraThe Capital Works Management Framework requires that bonds are in place for all public works contracts in excess of €500,000. My Department requires Contracting Authorities to comply with this requirement. However, detailed information relating to the bond in place for individual contracts is not available in my Department as this is a matter between the parties to the contract and not one in which my Department has any direct role.
175. Deputy Andrew Doyle asked the Minister for the Environment, Community and Local Government if he or officials in his Department are planning any legislative amendments to deal with a recent High Court decision on the demolition of unauthorised developments; the communications his Department have had with local authorities in this regard; if in view of encouraging local authorities to appeal such decisions to higher courts, he or his officials have considered the costs of further legal action this would have on the exchequer; if given any such advice, his Department is giving any financial assistance to local authorities in dealing with this matter; when he intends to bring legislative amendments forward rather than dealing with lengthy expensive periods in the courts; and if he will make a statement on the matter. [32744/13]
Amharc ar fhreagraMy Department wrote to planning authorities last month to bring to their attention and outline the potential implications of the judgment of the High Court in Wicklow County Council v. Fortune (judgment delivered on 6 June 2013). The case related to an application under Section 160 of the Planning and Development Act 2000 (as amended) requiring the demolition of an unauthorised dwelling in County Wicklow.
My Department’s circular letter outlined that the implication of this judgment is that where planning authorities are considering similar actions, in putting forward planning and environmental considerations to support the granting of such a relief (i.e. demolition) and to generally support and uphold the integrity of the planning system, they will be required take account of the weight attached by the Court in this case to the protections offered under the Constitution to the dwelling.
The circular letter also stated that future similar cases brought directly to the High Court could, if necessary, be appealed to the Supreme Court to allow for further exploration of the proportionality principle in relation to criminal offences committed under the Planning Acts.
In the meantime, my Department has requested that planning authorities continue to vigorously apply all the provisions available under Part 8 of the Planning and Development Act to provide for the fullest implementation of the planning enforcement code.
In addition I am considering legislative amendments to support enhanced implementation of the planning enforcement code through the next Planning Bill.
Question No. 176 answered with Question No. 172.
177. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if his officials have sought the use of funding from the National Pensions Reserve Fund, Strategic Investment Fund or other National Treasury Management Agency body to support the construction of the waste incinerator in Poolbeg, Dublin 4; and if he will make a statement on the matter. [32780/13]
Amharc ar fhreagraThe Poolbeg Project is a Public Private Partnership between Dublin City Council, acting on behalf of the four Dublin local authorities in the context of their statutory regional waste management plan, and its private partner, Dublin Waste to Energy Ltd. The State is not a party to the contract. Accordingly, my Department has not sought funding from the National Pension Reserve Fund, the Strategic Investment Fund or any National Treasury Management Agency body to support the construction of the waste incinerator in Poolbeg.
178. Deputy Kevin Humphreys asked the Minister for the Environment, Community and Local Government if he will request the National Development Finance Agency to conduct a new value for money assessment of the proposed waste to energy incinerator project in Poolbeg, Dublin, in view of the fact that it is eight years since the original was conducted in 2005; if it is acceptable to use data that is eight years old when the economic circumstances of the country have changed considerably in the meantime; and if he will make a statement on the matter. [32781/13]
Amharc ar fhreagraThe Poolbeg Project is a Public Private Partnership between Dublin City Council, acting on behalf of the four Dublin local authorities in the context of their statutory regional waste management plan, and its private partner, Dublin Waste to Energy Ltd. In accordance with the provisions of the Waste Management Act 1996 , the preparation and adoption of a waste management plan, including in respect of infrastructure provision, is the statutory responsibility of the local authority or authorities concerned, and under section 60(3) of the Act I am precluded from exercising any power or control in relation to the performance by a local authority, in particular circumstances, of a statutory function vested in it.
The assessment of Public Private Partnership projects by the National Development Finance Agency, including the data used for such assessments, is a matter for that agency.
179. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government if he will provide an update on the current status of the foreshore lease granted in respect of the 220 turbine wind farm at Codling Bank off the coast of County Wicklow; when same was granted; the process undertaken when granting such a foreshore lease; if his Department expects construction works to begin in the near future; and if he will make a statement on the matter. [32784/13]
Amharc ar fhreagraA foreshore lease for the development of a wind farm on the Codling Bank, off the Wicklow coast, was awarded by then the Minister for Communications, Marine and Natural Resources on 15 November 2005. The lease application together with the Environmental Impact Statement (EIS) was subjected to a comprehensive assessment by a range of technical experts who advised the Minister. This assessment took place following consultation with the public, relevant local authorities and State agencies.
The lease holder has recently applied to my Department for an extension to the construction timetable and this is under consideration. In addition, following a pre-application consultation with my Department, the company is preparing a foreshore licence application for certain site investigation works in and around the leasehold area.
180. Deputy Simon Harris asked the Minister for the Environment, Community and Local Government the controls his Department can exert to review or rescind a previously granted foreshore lease; the situations in which such a review may occur; and if he will make a statement on the matter. [32785/13]
Amharc ar fhreagraIn accordance with section 2 of the Foreshore Act 1933, foreshore lease agreements provide for termination of the lease upon the occurrence of a range of termination events, which relate to the breach or non-observance by the lessee of the lease conditions.
181. Deputy Paschal Donohoe asked the Minister for the Environment, Community and Local Government if a person who was informed by a local authority staff member that they were not liable to the household charge when in fact they were before 31 March 2012, if such person will have the late-payment penalties waived; and if he will make a statement on the matter. [32789/13]
Amharc ar fhreagraThe Local Government (Household Charge) Act 2011 provides the legislative basis for the Household Charge. Under the Act, an owner of a residential property on the liability date is liable to pay the Household Charge, unless otherwise exempted or entitled to claim a waiver. The Charges operate on a self-assessment basis; it is a matter for an owner of a residential property to determine liability and pay the Charge.
Local authorities, assisted by the Local Government Management Agency on a shared services/agency basis, are administering the Household Charge system. Household Charge operational matters are a matter for the relevant local authority or for the Agency. If it is the case that incorrect advice was provided to a liable owner by an employee of a local authority, then that owner should engage with the local authority to resolve the matter.
