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Wednesday, 24 Sep 2014

Written Answers Nos. 176-181

Minor Works Scheme Restoration

Ceisteanna (177)

Michael Healy-Rae

Ceist:

177. Deputy Michael Healy-Rae asked the Minister for Education and Skills the position regarding the restoration of the minor repair grants for schools (details supplied). [36150/14]

Amharc ar fhreagra

Freagraí scríofa

Circular Letter 0062/2013 which was published as the Minor Works Grant for the school year 2013/2014 issued last November states "the grant will only be paid in future years as funding permits". The focus under the Infrastructure and Capital Investment Programme 2012-2016 is on meeting the demand for additional school places. Consequently, there is no funding provided at this time in the 2014 capital allocation for the payment of a Minor Works Grant.

Regeneration Projects Expenditure

Ceisteanna (178)

Dessie Ellis

Ceist:

178. Deputy Dessie Ellis asked the Minister for the Environment, Community and Local Government the moneys owed by the Department to Ballymun Regeneration Limited and when it will be granted. [35968/14]

Amharc ar fhreagra

Freagraí scríofa

Over the period 1999 to date, over €755 million has been provided by my Department to Ballymun Regeneration Limited in respect of the physical, social and economic regeneration of Ballymun.

Following the wind-down of Ballymun Regeneration Limited, eligible capital expenditure in respect of the regeneration of Ballymun is now being provided to Dublin City Council on the basis of annual work programmes, agreed between my Department and the City Council. Drawdown of funding on foot of these annual work programmes is ongoing and is subject to standard arrangements for the submission of such claims by local authorities to my Department.

Planning Issues

Ceisteanna (179)

Brendan Griffin

Ceist:

179. Deputy Brendan Griffin asked the Minister for the Environment, Community and Local Government the avenues available to a person who wishes to dispute a planning decision which directly affects their property; and if he will make a statement on the matter. [35972/14]

Amharc ar fhreagra

Freagraí scríofa

Section 37 of the Planning and Development Act 2000, as amended, provides that any person who made a submission on a planning application may appeal the decision of a planning authority on that planning application to An Bord Pleanála. Furthermore, a person who has an interest in land adjoining the land in respect of which a decision to grant permission has been made, who did not make a submission on the planning application, may apply to the Board for leave to appeal against a decision of the planning authority to grant planning permission.

An Bord Pleanála, in determining a planning appeal, reviews the entire case having regard to the same matters as the planning authority was required to have regard to and as if the planning application was made to the Board in the first instance. Having reviewed the case, the Board reaches its own conclusion in accordance with the proper planning and sustainable development of the area.

In addition, under section 50 of the Act, a person may question the validity of any decision made by a planning authority, or the Board, by way of an application for judicial review under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986). This leave may be granted where the Court is satisfied that there are substantial grounds for contending that the decision or act concerned is invalid or ought to be quashed, and the applicant has a sufficient interest in the matter which is the subject of the application.

Local Authority Housing

Ceisteanna (180)

Patrick O'Donovan

Ceist:

180. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government in relation to sections 3, 4 and 5 the Housing (Miscellaneous Provisions) Act 1997 if there has been any amending legislation in the intervening period to attach liability to third parties, and to create an offence for those persons living in local authority estates where exclusion orders are made against named persons, who assist named persons in knowingly contravening the order made by the court; and if he will make a statement on the matter. [35987/14]

Amharc ar fhreagra

Freagraí scríofa

The Housing (Miscellaneous Provisions) Act 2009 provides that every rental accommodation arrangement tenancy agreement and local authority tenancy agreement shall include a condition prohibiting a tenant from knowingly permitting a person to enter the dwelling concerned in breach of an excluding order under section 3 of the Housing (Miscellaneous Provisions) Act 1997.

The 2009 Act requires the landlord under a rental accommodation arrangement to terminate the tenancy agreement on notification by the housing authority that a tenant has breached the aforementioned condition. The Housing (Miscellaneous Provisions) Act 2014 provides that a housing authority may issue a tenancy warning to a local authority tenant who breaches this condition.

The 2014 Act also provides that the authority may initiate Court proceedings for termination of a tenancy and repossession of a local authority dwelling where there has been a breach of the tenancy agreement. In addition, under Part 3 of the 2014 Act, dealing with tenant purchase, the condition outlined above is also attached as a condition to the sale of a local authority house to its tenant.

Active consideration is being given to the commencements of these legislative provisions in the context of the on-going phased implementation of the 2009 and 2014 Acts.

Local Development Companies Administration

Ceisteanna (181)

Róisín Shortall

Ceist:

181. Deputy Róisín Shortall asked the Minister for the Environment, Community and Local Government if he will provide the current boundaries of each local area partnership or Leader partnership; the details of each of the electoral divisions covered by each of these bodies; and if he will make a statement on the matter. [36000/14]

Amharc ar fhreagra

Freagraí scríofa

Local area partnership or leader companies administer various programmes, schemes and interventions for different Government Departments. Each programme, schemes or intervention has its own conditions including the area covered. The two programmes under my Department's remit are the LEADER elements of the Rural Development Programme 2007-2013 and the Local and Community Development Programme (LCDP).

For the purposes of implementing the LEADER element of the Rural Development Programme the rural areas are defined as all parts of Ireland outside of the City Council boundaries of Dublin, Cork, Galway, Waterford and Limerick; the Borough Council boundaries of Kilkenny, Sligo and Wexford; and the Town Council boundaries of Athlone, Ballina, Castlebar, Cavan, Dundalk, Ennis, Killarney, Letterkenny, Mallow, Monaghan, Mullingar, Tralee, Tuam and Tullamore. A comprehensive list of the electoral divisions is available on my Department’s website at the following link: http://www.environ.ie/en/Community/RuralDevelopment/EURuralDevelopment/RuralDevelopmentProgrammeLEADER2007-2013/.

The Local and Community Development Programme (LCDP) is a national programme which is largely delivered by a number of Local Development Companies (50 LDC's in 2013).  The delivery of the LCDP in the Dublin inner city area is undertaken by a number of Dublin Inner City Groups (DICG). The electoral divisions covered by each LDC are available on my Department’s website at the following link: http://www.environ.ie/en/Community/LocalCommunityDevelopment/.

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