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Thursday, 5 Nov 2015

Written Answers Nos 26-36

Planning Issues

Ceisteanna (26)

Denis Naughten

Ceist:

26. Deputy Denis Naughten asked the Minister for the Environment, Community and Local Government the steps he is taking to assist local authorities in having estates taken in charge; and if he will make a statement on the matter. [38314/15]

Amharc ar fhreagra

Freagraí scríofa

The taking in charge of residential estates by local authorities is provided for under section 180 of the Planning and Development Act 2000, as amended. Section 180(1) provides, in relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, that the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the taking in charge procedures.

My Department, by way of Circular letter PD 1/2008 dated 26 February 2008, issued updated policy guidance to planning authorities on Taking in Charge of Residential Developments/Management Arrangements. This advised each planning authority to develop or update, as appropriate, its policy on taking in charge by the end of June 2008, based on the following principles (among others):

- Certain core facilities/infrastructure to be taken in charge on request - public roads and footpaths, unallocated surface parking areas, public lighting, public water supply, foul and storm water drainage and public open spaces;

- The procedures for taking in charge to begin promptly on foot of a request by the majority of the residents in the development or by the developer, as appropriate. Protocols, including time frames, must be set out by planning authorities to respond to requests for taking in charge.

Each planning authority’s policy on taking in charge is required to be made available to the public and published on its website, and the policy is reported on to the elected members on a regular basis, and at least once annually.

My Department is currently reviewing, in the context of the forthcoming Planning and Development (Amendment) Bill, the current provisions in section 180 of the Planning and Development Act 2000, as amended, relating to the taking in charge of housing estates by planning authorities with a view to improving and streamlining the taking in charge procedures. A particular focus of the review will be the time limits for the taking in charge of housing estates with a view to expediting the process. My Department is consulting with planning authorities in this regard.

Traveller Accommodation

Ceisteanna (27)

Ruth Coppinger

Ceist:

27. Deputy Ruth Coppinger asked the Minister for the Environment, Community and Local Government following the fatal fire in Carrickmines in County Dublin, if there will be a health and safety review of Traveller accommodation to ensure all accommodation is of the highest quality; and if he will make a statement on the matter. [38325/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Housing (Traveller Accommodation) Act 1998, housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.

Following the recent tragic loss of life in Carrickmines, my Department’s National Directorate for Fire and Emergency Management is leading a Programme to Review Fire Safety in Traveller Accommodation. The objective of the review is to take immediate action to ensure that practical and appropriate fire safety measures, which can contribute to preventing loss of life and serious injury in local authority Traveller accommodation, have been applied systematically across the country. This will include community fire safety initiatives. Initial steps have been taken to identify the key issues and consultations with stakeholders at both national and local level, including Traveller Representative Groups, have taken place.

Practical solutions to the issues that are identified through this engagement will be developed on a collaborative basis over the coming weeks. This collaborative approach will ensure that the review is carried out in a consistent and coordinated manner. The programme to review and enhance fire safety in Traveller accommodation will be rolled out nationally over the coming months and is anticipated to be concluded by the end of Quarter 1, 2016. As well as the enhancements that I hope will already be in place at that stage, it will identify or propose further actions to sustain fire safety which will be given appropriate consideration by relevant stakeholders. 

As provided for under sections 21 and 22 of the aforementioned Act, each local authority has in place a Local Traveller Accommodation Consultative Committee (LTACC). The role of the LTACC is to advise local authorities on the provision and management of accommodation for Travellers, and to provide a liaison between Travellers and Members and officials of the appointing authority concerned. At least one quarter of the membership of the LTACC must comprise local Travellers and Traveller groups, with the remaining members comprising elected members and officials of the housing authority. I see the role of these local committees as crucial to resolving local issues, including health and safety issues on sites.

NAMA Social Housing Provision

Ceisteanna (28)

Patrick O'Donovan

Ceist:

28. Deputy Patrick O'Donovan asked the Minister for the Environment, Community and Local Government the status of discussions his Department has had with the National Asset Management Agency and the four Dublin local authorities on the provision of housing units by the agency; if he is satisfied with the level of engagement of these local authorities; and if he will make a statement on the matter. [37236/15]

Amharc ar fhreagra

Freagraí scríofa

Since December 2011, my Department and the Housing Agency have been engaged with NAMA identifying properties that might potentially be suitable for social housing purposes. More detailed information on this engagement, including a breakdown of units delivered, by local authority, is available on the website of the Housing Agency at www.housing.ie/NAMA.

Since the process began, up to end of September 2015, a total of 1,600 NAMA residential properties have been delivered for social housing use, comprising of 1,241 completed properties and a further 359 contracted where completion work is on-going. A further 486 properties are considered as being active transactions whereby terms are agreed or active negotiation is on-going by all parties concerned or where a detailed appraisal is being carried out. An additional 440 properties are to be further appraised.

In the four Dublin local authorities, almost 650 housing units have been delivered through this process and I am satisfied that all those involved are committed to securing social housing delivery to meet identified need. I am also confident that the number of units delivered will continue to increase as the work continues.

Climate Change Policy

Ceisteanna (29)

Helen McEntee

Ceist:

29. Deputy Helen McEntee asked the Minister for the Environment, Community and Local Government his views on whether Ireland can reach its 2020 climate change and energy security targets without construction of industrial wind farms in residential areas; and if he will make a statement on the matter. [37234/15]

Amharc ar fhreagra

Freagraí scríofa

The extent of the challenge to reduce greenhouse gas emissions, in line with our EU commitments, is well understood by Government, as reflected in the National Policy Position on Climate Action and Low-Carbon Development, published in April 2014, and in the Climate Action and Low-Carbon Development Bill 2015, recently passed by the Dáil and currently at Committee Stage in the Seanad. The National Policy Position provides a high-level policy direction for the adoption and implementation by Government of plans to enable the State to move to a low-carbon economy by 2050. Proposed statutory authority for the plans is set out in the Climate Action and Low-Carbon Development Bill 2015.

In anticipation of enactment of the planned legislation, work is already underway on developing a low carbon plan, the National Mitigation Plan, the primary objective of which will be to track implementation of measures already underway and to identify additional measures within the longer term to reduce greenhouse gas emissions and progress the overall national low carbon transition agenda to 2050. The first iteration of the National Mitigation Plan will place particular focus on putting the necessary measures in place to address the challenge to 2020, but also in terms of planning ahead to ensure that appropriate policies and measures will be in place beyond that. In this context, key sectors in the low carbon transition process (electricity, transport, built environment and agriculture) are currently developing sectoral mitigation measures in tandem with Strategic Environmental Assessment (SEA) and Appropriate Assessment (AA) processes during which measures will be further developed and prioritised.

For each year between 2013 and 2020, Ireland has a greenhouse gas (GHG) emission reduction target under the 2009 Effort Sharing Decision (ESD) No. 406/2009/EC. For the year 2020 itself , the target set for Ireland is that emissions should be 20 per cent below their value in 2005. This is jointly the most demanding 2020 reduction target allocated under the ESD and one shared only by Denmark and Luxembourg. The target for each of the years 2014 through 2019 is on a straight-line trajectory between the targets for 2013 and 2020.

The Environmental Protection Agency (EPA) published in May 2015 new annual emission limits and projected emissions for 2020 which indicate that Ireland’s emissions in 2020 could be in the range of 9-14% below 2005 levels. However, even in the worst case scenario (i.e., a 9% reduction), Ireland could be very close to meeting its cumulative compliance obligations for the period 2013-2020 (ESD 2009), which on average require a 12% reduction relative to 2005, given over-compliance in the early years of the 8-year period.

With regard to energy security considerations, the overarching objective of the Government’s energy policy is to ensure secure and sustainable supplies of competitively priced energy to all consumers. The 2009 EU Renewable Energy Directive set Ireland a legally binding target of meeting 16% of our energy requirements from renewable sources by 2020. In order to meet this target, Ireland is committed to meeting 40% of electricity demand, 12% of heating and 10% of transport power from renewable sources. Provisional figures provided by the Sustainable Energy Authority of Ireland for 2014 show that 8.6% of Ireland's overall energy requirement was met by renewable energy.

Electricity generated from renewable sources is playing an increasingly important role as part of our energy mix. In 2014, 22.7% of gross electricity generation was from renewables including hydro, wind, biomass, landfill gas and biogas. While the progress to date is encouraging, significant challenges remain, particularly in the heat and transport sectors.

The REFIT schemes underpin the development of a range of renewable electricity technologies, including hydro, biomass combustion, biomass combined heat and power, landfill gas and onshore wind. These schemes will be closed to new applications at the end of this year. In terms of renewable heat, in addition to existing measures such as Part L of the Building Regulations, the 2014 Draft Bioenergy Plan recommended the introduction of a Renewable Heat Incentive (RHI) for larger heat users to change to heating solutions that produce heat from renewable sources.

On 31 July last, the Minister for Communications, Energy and Natural Resources launched two separate consultations on new support schemes, one for renewable electricity and one for a proposed Renewable Heat Incentive. While the initial phase of both consultations closed on 18 September 2015, there will be two further opportunities to contribute at key stages in the design of any new scheme. Those consultations will be informative regarding the technologies that will assist in meeting our future renewable energy targets. Subject to Government approval and State Aid clearance from the European Commission, the new schemes would become available in 2016.

As regards renewable transport, Ireland aims to meet its target mainly through the use of sustainable biofuels. Increasing usage of electric vehicles will also make a contribution. Further increases to the obligation rate in the Biofuels Obligation Scheme will be required in the context of achieving our 2020 target. A public consultation, initiated by the Minister for Communications, Energy and Natural Resources, concluded on 30 October.

From a planning perspective, proposals for the location of individual wind farms are a matter for the relevant developer, taking account of several criteria, including connectivity to the national grid. When considering individual planning applications for such developments and the appropriateness of their location, planning authorities, including An Bord Pleanála where relevant, are required to have regard to local area and county development plans, local authority renewable energy strategies, the 2006 Wind Energy Development Guidelines issued under Section 28 of the Planning and Development Act 2000, as amended, and other relevant matters, including existing residential development, existing wind energy developments, the local landscape and the natural and built heritage.

Housing Assistance Payments Eligibility

Ceisteanna (30)

Catherine Murphy

Ceist:

30. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government how his Department will proceed in cases of renewals or existing rentals, where landlords indicate their intention to offer the housing assistance payment but request market rent; his plans to accommodate families where rents are above the maximum limits as set out; the flexibility that will be provided to landlords; and if he will make a statement on the matter. [38219/15]

Amharc ar fhreagra

Freagraí scríofa

The implementation of the Housing Assistance Payment (HAP) is a key Government priority and a major pillar of the Social Housing Strategy 2020. There are now over 4,500 households in receipt of HAP and the scheme has been rolled out to all categories of household in 15 local authority areas. Kildare and Meath County Councils commenced HAP on 2 November 2015 and Galway, Mayo and Sligo County Councils will commence the scheme from 16 November 2015. While securing accommodation under HAP can be challenging in areas where there is a shortage of supply, the numbers of households securing accommodation nationally under HAP continues to rise. The maximum rent limits for different household classes that apply in each local authority where HAP has been commenced are set out in regulations and are generally based on the Rent Supplement limits as set out by the Department of Social Protection (DSP). In prescribing these limits, household size and prevailing rents in the relevant areas are taken into consideration. My Department works closely with the Department of Social Protection and monitors data which it gathers, along with PRTB data, and data gathered through HAP pilot authorities, in relation to the rent limits applying.

In recognition of the need for greater flexibility in the challenging Dublin region rental market, the Minister for Public Expenditure and Reform and I have signed the Housing Assistance Payment (Amendment) (No.4) Regulations 2015, which provide for the introduction of HAP in Kildare and Meath County Councils with maximum rent limits equivalent to current Rent Supplement rates applicable in the neighboring Dublin areas . In recognition of the need for additional discretion in areas of high rental demand, and similar to the flexibility I have provided for the operation of HAP in South Dublin County Council, these regulations also provide for an additional 20% flexibility above the maximum rent limits that apply for the purposes of HAP in the administrative areas of Cork City Council, Cork County Council, Galway County Council, Kildare County Council and Meath County Council, where this is necessary to source suitable accommodation for a household that is qualified for social housing support.

This approach mirrors the approach already taken by the Department of Social Protection in the operation of the discretion available in the context of the Rent Supplement scheme. My Department is preparing guidance for the relevant local authorities in the appropriate use of this increased flexibility. I will continue to keep HAP rent limits under review.

The Dublin Region Homelessness Executive (DRHE) is also managing a HAP Homeless Pilot for the four Dublin local authorities. The HAP Homeless Pilot became operational on 18 February 2015 and some 60 households have been housed through the pilot scheme to date. Following a review of the effectiveness of the HAP Homeless Pilot, I recently signed regulations that provide that the HAP rent limits applicable in the 4 Dublin local authority areas have the flexibility to exceed existing rent supplement rent limits by up to 50%, where this is necessary to source suitable accommodation for a homeless household that is qualified for social housing support.

These matters will be kept under active review in all HAP pilot authority areas.

Wind Energy Guidelines

Ceisteanna (31)

Helen McEntee

Ceist:

31. Deputy Helen McEntee asked the Minister for the Environment, Community and Local Government if he will provide an update on his engagements with the Minister for Communications, Energy and Natural Resources in respect of updating Ireland's wind energy guidelines; and if he will make a statement on the matter. [37233/15]

Amharc ar fhreagra

Freagraí scríofa

In December 2013, my Department published proposed “draft” revisions to the noise, setbacks and shadow flicker aspects of the 2006 Wind Energy Development Guidelines. These draft revisions proposed:

- the setting of a more stringent day and night noise limit of 40 decibels for future wind energy developments,

- a mandatory minimum setback of 500 metres between a wind turbine and the nearest dwelling for amenity considerations, and

- the complete elimination of shadow flicker between wind turbines and neighbouring dwellings.

A public consultation process was initiated on these proposed draft revisions to the Guidelines, which ran until February 21 2014. My Department received submissions from 7,500 organisations and members of the public during this public consultation process.

It is intended that the revisions to the 2006 Wind Energy Development Guidelines will be finalised as soon as possible. In this regard, account has to be taken of the extensive response to the public consultation in framing the final guidelines. Further work is also advancing to develop technical appendices to assist planning authorities with the practical application of the noise measurement aspects of the Wind Guidelines. My Department is advancing work on the Guidelines in conjunction with the Department of Communications, Energy and Natural Resources.

The revisions to the Wind Energy Development Guidelines 2006, when finalised, will be issued under Section 28 of the Planning and Development Act 2000, as amended. Planning authorities, and, where applicable, An Bord Pleanála are required to have regard to guidelines issued under Section 28 in the performance of their functions under the Planning Acts.

Traveller Accommodation

Ceisteanna (32)

Paul Murphy

Ceist:

32. Deputy Paul Murphy asked the Minister for the Environment, Community and Local Government the steps he is taking to provide an adequate number of high quality Traveller-specific accommodation units; the findings of the local authorities in their inspections of the health and safety of halting sites; if he will ensure there are no evictions of Travellers as a result of the findings; and if he will make a statement on the matter. [38324/15]

Amharc ar fhreagra

Freagraí scríofa

In accordance with the Housing (Traveller Accommodation) Act 1998, housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.

Following the recent tragic loss of life in Carrickmines, my Department’s National Directorate for Fire and Emergency Management is leading a Programme to Review Fire Safety in Traveller Accommodation. The objective of the review is to take immediate action to ensure that practical and appropriate fire safety measures, which can contribute to preventing loss of life and serious injury in local authority Traveller accommodation, have been applied systematically across the country. This will include community fire safety initiatives. Initial steps have been taken to identify the key issues and consultations with stakeholders at both national and local level, including Traveller Representative Groups, have taken place.

Practical solutions to the issues that are identified through this engagement will be developed on a collaborative basis over the coming weeks. This collaborative approach will ensure that the review is carried out in a consistent and coordinated manner.  The programme to review and enhance fire safety in Traveller accommodation will be rolled out nationally over the coming months and is anticipated to be concluded by the end of Quarter 1, 2016. As well as the enhancements that I hope will already be in place at that stage, it will identify or propose further actions to sustain fire safety which will be given appropriate consideration by relevant stakeholders. 

As provided for under sections 21 and 22 of the aforementioned Act, each local authority has in place a Local Traveller Accommodation Consultative Committee (LTACC). The role of the LTACC is to advise local authorities on the provision and management of accommodation for Travellers, and to provide a liaison between Travellers and Members and officials of the appointing authority concerned. At least one quarter of the membership of the LTACC must comprise local Travellers and Traveller groups, with the remaining members comprising elected members and officials of the housing authority. I see the role of these local committees as crucial to resolving local issues, including health and safety issues on sites.

Energy Conservation

Ceisteanna (33)

Brian Stanley

Ceist:

33. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government his plans to put an energy upgrade in place for older local authority homes with solid walls. [37476/15]

Amharc ar fhreagra

Freagraí scríofa

Local authorities are currently undertaking an ambitious programme of insulation retrofitting, with the support of my Department, on the least energy efficient social houses. Funding of €57 million has been provided over the period 2013-2014 for improving the energy performance of older local authority housing stock, resulting in improved energy efficiency and comfort levels, and therefore Building Energy Ratings, in over 30,000 local authority homes. A further €25m is being provided for insulation upgrades in 2015, covering all 31 local authority areas.

Phase 1 of the insulation retrofitting programme commenced in June 2013 and is focused on providing attic/roof insulation and cavity wall insulation in all relevant properties. Phase 2 will focus on the fabric upgrade works to those remaining dwellings with solid/hollow block wall construction. Phase 2 works are currently being carried out on a pilot basis by Fingal and Westmeath County Councils.

Phase 2 upgrades will be co-financed to 50% of eligible investment under the EU Operational Programme 2014-2020. In line with the advancement of the Operational Programme, it is intended to commence Phase 2 in all local authority areas to run concurrently with Phase 1 in 2016.

Private Rented Accommodation Price Controls

Ceisteanna (34)

Barry Cowen

Ceist:

34. Deputy Barry Cowen asked the Minister for the Environment, Community and Local Government his plans to introduce rent certainty measures to deal with the spiralling cost of rents in the private rental sector; and when he expects to publish these plans to be implemented. [38321/15]

Amharc ar fhreagra

Freagraí scríofa

A shortage of supply is at the heart of rising rents and the Government is addressing this on a number of fronts. Construction 2020: A Strategy for a Renewed Construction Sector, published last year, is aimed at addressing issues in the property and construction sectors and ensuring that any bottlenecks that might impede the sector in meeting residential and non-residential demand are addressed.

Social housing has been prioritised by this Government and over €1.7 billion in Exchequer and self-funding was allocated to the Social Housing Strategy 2020 between the 2015 and 2016 budgets, to support the provision of over 33,000 units. The Government’s Capital Plan goes beyond 2016 and commits €2.9 billion in capital funding towards social housing out to 2021.

Ultimately, the key to addressing upward pressure on rents is through increasing the supply of housing, which is a core focus of the Government’s Construction 2020 strategy. In 2014 the number of house completions was 11,016 units nationally, an increase of 33% on the 2013 figure. The latest figures for new house completions show that 8,914 units were completed to the end of September 2015, up 14% on the corresponding figure for 2014. NAMA is aiming to deliver a target of 20,000 residential units before the end of 2020, with 90% of these units to be in the greater Dublin area.

In addition to these measures, I am continuing to work on proposals to address the issue of rising rents. The level of rent increases, particularly in the greater Dublin area, presents a serious challenge. The regulation of rent, however, raises many complex economic and legal issues and I have to be satisfied that any measures proposed are balanced and have the desired effect on the rental market while being fair to landlords and tenants alike. Ultimately, any decision in relation to this issue is a matter for Government and it is my intention to bring final proposals to Government for decision as soon as possible.

Waste Data

Ceisteanna (35)

Brian Stanley

Ceist:

35. Deputy Brian Stanley asked the Minister for the Environment, Community and Local Government the percentage of municipal waste now recycled; and his plans to reduce the volume produced. [37475/15]

Amharc ar fhreagra

Freagraí scríofa

Ireland has met, or is on course to meet, all of its main targets under the Waste Framework Directive, the Landfill Directive, the Batteries Directive, the WEEE Directive, and the Packaging Directive. Moreover, the National Waste Report 2012, which sets out the latest annual data and which is available on the Environmental Protection Agency’s website, www.epa.ie, indicates that 40% of municipal waste was recycled in 2012: this compares with a 20.7% recycling rate ten years previously in 2002. The report further highlights the fact that municipal solid waste (MSW) generation has decreased in the period 2006 to 2012, while the recovery of MSW generated has increased over the same period.

Government waste policy is predicated on the waste hierarchy as set out in the Waste Framework Directive and seeks to minimise the generation of waste. A number of specific measures have been, and will continue to be, introduced to reduce the volume of waste generated in the State in line with Government policy. Recent examples include the further roll-out of food waste collection services, and the introduction of three Regional Waste Management Plans in May 2015 which have a clear focus on waste prevention and resource efficiency. The introduction of pay by weight as a collection permit condition as of 1 July 2015 and the forthcoming introduction of mandatory pay by weight charging for household waste in July 2016 and for commercial waste later in 2016 will be a game changer, providing clear pricing incentives to households and businesses to prevent and segregate their waste to the greatest possible extent.

Towards a Resource Efficient Ireland- A National Strategy to 2020, available at www.epa.ie, incorporates Ireland’s National Waste Prevention Programme and sets out priorities for preventing waste generation and the unnecessary consumption of materials, energy and water. The title of this document reflects the shift in emphasis at national and EU level towards resource efficiency, as opposed to focussing purely on waste prevention. In this regard, I intend to publish a consultation paper shortly on how the State can best maximise the value we extract from the waste we cannot prevent, especially in terms of maximising the job creation and energy potential of waste, while minimising our impact on the environment.

The above measures are among the many actions being undertaken to ensure that Ireland will be well positioned to meet the requirements of the new European Commission proposal on the Circular Economy, which is expected to be published in December 2015.

Election Management System

Ceisteanna (36)

Thomas Pringle

Ceist:

36. Deputy Thomas Pringle asked the Minister for the Environment, Community and Local Government his views on concerns raised by teachers and parents regarding the use of schools as polling stations on voting days, as schools are closed for the day, and parents have to seek child-minding arrangements as a result; and if he will make a statement on the matter. [38230/15]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 867 of 14 July 2015 which sets out the position in this matter. Returning Officers are responsible for all matters in connection with the actual conduct of elections and referendums. This includes, in accordance with section 94 of the Electoral Act 1992, the provision of a sufficient number of polling stations, conveniently distributed for the accommodation of the electors entitled to vote there.

Guidance issued to Returning Officers by my Department in advance of electoral events advises that when schools are used as polling stations, every step should be taken to ensure that schools are not closed unnecessarily and that disruption of school work should be kept to a minimum. The Guidance advises that, where possible, school halls should be used instead of classrooms and that voting compartments and other equipment should be fitted up and dismantled after school hours. The Guidance also advises that it is open to returning officers to hire a hall or other premises if they consider it to be appropriate. Electoral law provides that a returning officer may, for the purposes of taking a poll and counting the votes, use a school or any room in a school free of charge.

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