Written Answers Nos. 191-198
191. Deputy Éamon Ó Cuív asked the Minister for the Environment, Community and Local Government if local authorities have the power to remove protected structures from the list of protected structures; how this may be done; and if he will make a statement on the matter. [39851/15]
Amharc ar fhreagraSection 54 of the Planning and Development Act 2000 , as amended, provides for the deletion by a planning authority of a protected structure from the Record of Protected Structures (RPS) included in the authority’s development plan where the protection of the structure is no longer warranted. Section 55 of the Act provides that, where a planning authority proposes a deletion from the RPS other than in the course of making a development plan, the authority must serve notice of the proposal on each person who is the owner and occupier of the protected structure, notify the Minister for Arts, Heritage and the Gaeltacht and other prescribed bodies of the proposal, and publish notice of the proposed deletion in at least one newspaper circulating in its functional area. Particulars of the proposed deletion must be available for inspection for a specified period of at least 6 weeks and written submissions or observations on the proposed deletion may be made to the planning authority within that period.
The planning authority must consider any submissions or observations submitted on the proposal made within the requisite period and have regard to any observations received from the Minister for Arts, Heritage and the Gaeltacht concerning those submissions or observations. The authority must decide, as a reserved function, whether or not to make the proposed deletion within 12 weeks of the expiry of the requisite period for the making of submissions or observations on the proposals. Notice of the deletion must be served on the owner and on the occupier of the structure within 2 weeks after the structure is deleted from the RPS.
Furthermore, section 2.7 of the Architectural Heritage Protection Guidelines, issued by the then Minister for the Environment to planning authorities in 2004 under section 28 of the Act , states that deletions from the RPS should generally take place only when “ the structure has entirely lost its special interest value through major accident or where new information has come to light which proves that the special interest value was mistakenly attributed. Deletion from the RPS may also come about where it has been decided that a more appropriate method of protecting a particular structure would be by including it within an Architectural Conservation Area. However, in such cases, the planning authority should be confident that the interior of the building is not of special interest before deleting it from the RPS.”
192. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government given that the adoption of a local authority budget is a reserved function under the Local Government Act 2001, if he will clarify whether the adoption of a local authority capital programme is likewise a reserved function; if not, if he will clarify the legal status of such a programme if it fails to receive the endorsement of the elected members of a local authority by way of resolution; and if he will make a statement on the matter. [39866/15]
Amharc ar fhreagraSection 135 of the Local Government Act 2001 provides that before the start of each local financial year the chief executive shall prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources. This report may be considered at the local authority budget meeting or at such other meeting as the elected council may by resolution decide. Other relevant provisions of the 2001 Act addressing the role of elected members in this area include section 137, which provides that the elected council may by resolution require the chief executive to prepare plans and specifications for particular works and an estimate of their cost; section 138, which provides that the chief executive shall inform the elected council before any works (other than maintenance or repair) of the local authority are undertaken or before committing the local authority concerned to any expenditure in connection with the proposed works; section 139, which provides that, once the elected council is informed in accordance with section 138 of any works, it may by resolution direct that those works shall not proceed; and section 140 , which provides that the elected council may, by resolution and subject to the requirements of the section, direct that any specific act be done by the local authority.
193. Deputy Catherine Murphy asked the Minister for the Environment, Community and Local Government if a local authority draft budget can be deemed to have been duly considered in accordance with the Local Government Act 2001 and the Local Government Reform Act 2014, if the process for adopting it has prevented any motions tabled by elected members seeking to amend it from being considered by them; if he considers such a process to clearly lack democratic legitimacy; and if he will make a statement on the matter. [39867/15]
Amharc ar fhreagraThe Local Government Act 2001, as amended by the Local Government Reform Act 2014, provides the legislative basis for the local authority budget process. Section 103 of the 2001 Act provides for the Local Authority budget meeting and states that a local authority may amend the draft budget by resolution, and may adopt the budget with or without amendment. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority. Local authorities are required to adopt budgets which are sufficient to meet the expenditure arising in the year in accordance with the terms of section 10A of the City and County Management Act 1955, as inserted in that Act by section 113 of the Local Government Act 2001.
194. Deputy Pearse Doherty asked the Minister for the Environment, Community and Local Government the number of properties which have been successfully purchased through the mortgage-to-rent scheme since its launch in 2012 by county, in tabular form; his plans to reform the scheme; and if he will make a statement on the matter. [39879/15]
Amharc ar fhreagraThe Government has committed to taking decisive action to address the mortgage arrears challenge, seeking to ensure that a full range of options is available to distressed borrowers and to keep as many people in their homes as possible. The Approved Housing Body (AHB) Mortgage to Rent Scheme is now well established as part of the overall suite of social housing options and an important part of the arrears resolution process. The package of commitments on mortgage arrears announced by Government in May of this year included a number of amendments to the AHB Mortgage to Rent Scheme which will enable more properties to qualify for the Scheme, and make it more flexible and accessible to borrowers. The principal amendment to the scheme is to increase the valuation thresholds applicable which should enable more properties to qualify. These amendments took effect from 1 July 2015.
Since the Scheme began in June 2012 a total of 3,120 cases were considered to the end of October 2015. Of these, 2,298 were ineligible or terminated during the process, including 282 cases not progressed because the household in question was deemed to be over or under accommodated, 869 cases withdrawn by the lender involved during the process, 206 applications found to have been submitted in duplicate by the lender, and 941 cases that did not qualify for a range of reasons including the householder’s circumstances improving during the process, no social housing demand in the area, the householder’s income over the set limits and poor condition of the property.
Of the remaining 822 cases, agreement on the sale could not be reached on 49 cases, 20 are currently with the lenders who are seeking the consent of borrowers to share information and for the carrying out of an independent valuation, 634 are actively being progressed and 119 cases have been approved. The following table provides a breakdown of approved cases by county.
My Department will continue to keep the operation of the Mortgage to Rent Scheme under review.
|
Local Authority |
Approved |
|
Carlow County Council |
5 |
|
Cavan County Council |
2 |
|
Clare County Council |
3 |
|
Cork City Council |
4 |
|
Cork County Council |
3 |
|
Donegal County Council |
0 |
|
Dublin City Council |
22 |
|
Dun Laoghaire/Rathdown County Council |
1 |
|
Fingal County Council |
8 |
|
Galway City Council |
0 |
|
Galway County Council |
1 |
|
Kerry County Council |
1 |
|
Kildare County Council |
8 |
|
Kilkenny County Council |
4 |
|
Laois County Council |
2 |
|
Leitrim County Council |
1 |
|
Limerick City and County Council |
4 |
|
Longford County Council |
0 |
|
Louth County Council |
11 |
|
Mayo County Council |
0 |
|
Meath County Council |
11 |
|
Monaghan County Council |
0 |
|
North Tipperary County Council |
0 |
|
Offaly County Council |
2 |
|
Roscommon County Council |
0 |
|
Sligo County Council |
0 |
|
South Dublin County Council |
7 |
|
South Tipperary County Council |
0 |
|
Tipperary County Council |
4 |
|
Waterford County Council |
8 |
|
Westmeath County Council |
2 |
|
Wexford County Council |
1 |
|
Wicklow County Council |
4 |
|
Total to End October 2015 |
119 |
195. Deputy Michael Lowry asked the Minister for the Environment, Community and Local Government if he will provide one-off funding to Tipperary County Council to repair street lighting in housing estates which the council has not currently taken in charge; and if he will make a statement on the matter. [39889/15]
Amharc ar fhreagraTipperary County Council is provided with an annual funding stream from Local Property Tax proceeds which, along with other sources of revenue available to it, provides the Council with its financial capacity to fund local services. It is a matter for the Council to decide, in the annual budgetary process, how to spend their funding allocation, having regard to locally identified needs, competing demands and available resources.
In relation to the issues the Deputy has raised, I would refer him to the reply to Question No. 1068 of 3 November 2015, which sets out the position in relation to the taking in charge of housing estates by planning authorities.
196. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government the options available to a landlord who has engaged with the Private Residential Tenancies Board (details supplied) but who has, to date, failed to achieve an outcome in circumstances where the tenant has refused to pay rent without any apparent reason, and where the landlord requires the house for own occupation; and if he will make a statement on the matter. [39896/15]
Amharc ar fhreagraThe Residential Tenancies Act 2004 regulates the landlord-tenant relationship in the private rented residential sector and sets out the rights and obligations of landlords and tenants. The Private Residential Tenancies Board (PRTB) was established as an independent statutory body under the Act to operate a national tenancy registration system and to facilitate the resolution of disputes between landlords and tenants.
Due to the quasi-judicial role of the PRTB it would be inappropriate for me to comment on the specifics of any case. The PRTB, as an independent statutory body, will adjudicate each dispute on its own facts and merits and may grant redress and give specific direction as appropriate on foot of a determination order. Receipt of a determination order is the official notification to parties of the final outcome of a dispute resolution case. The order sets out the terms to be complied with, including any payments owing and the length of time given to comply. In making determination orders, the PRTB can make provision to allow for payment of awards in instalments to facilitate recovery of the award, based on the circumstances of the case. A party who fails to comply with one or more terms of a determination order is open to having legal proceedings taken against him or her in the Courts.
Under the Act, enforcement of PRTB determination orders is a discretionary power and the Board exercises this power taking account of the circumstances pertaining to each case. While there is no legal obligation on the PRTB to enforce, the Board takes the issue of non-compliance with determination orders very seriously. In 2014 alone it referred 402 cases to its legal advisors for enforcement proceedings. It is also open to parties to pursue enforcement independently through the Courts, including the seeking of a garnishee order. It should be noted that going to Court does not of itself ensure successful enforcement and more particularly, recoupment of an award. In many cases the best option, and one which the PRTB facilitates, is for the parties to agree a schedule of payments.
The Residential Tenancies (Amendment) (No. 2) Bill 2012 is currently before the Oireachtas and will amend the Residential Tenancies Act 2004 to provide, inter alia, for the introduction of a new procedure to enforce a tenant’s obligation under section 86 of the 2004 Act to pay rent pending the determination of a dispute.
As part of the Government Housing Package announced on 10 November, the enforcement of PRTB determination orders will no longer have to be pursued through the Circuit Court, but may be pursued through the District Court. This will save landlords who are dealing with such situations considerable time and expense. This will allow the PRTB to deal effectively and quickly with tenants who do not comply with their statutory obligation to pay rent during the dispute process. The Residential Tenancies (Amendment) (No. 2) Bill 2012 has passed all stages in the Dáil, together with second stage in the Seanad , and will return to the Seanad for Committee Stage shortly.
197. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if his Department has proposals for local authorities to bring forward guidelines for solar farms; and if he will make a statement on the matter. [39898/15]
Amharc ar fhreagraThere are no specific planning guidelines in respect of solar farms and I have no proposals to bring forward such guidelines at the present time. However, I am keeping this matter under review, together with my colleague the Minister for Communications, Energy and Natural Resources in the context of the Government’s forthcoming White Paper on Energy Policy. Under the Planning and Development Act 2000, as amended , each planning authority’s development plan must set out an overall strategy for the proper planning and sustainable development of the area concerned.
Section 10 of the Act requires a development plan to include, inter alia , objectives for the provision or facilitation of the provision of infrastructure including energy facilities and many local authorities have developed renewable energy strategies for their areas in this context.
198. Deputy Seán Ó Fearghaíl asked the Minister for the Environment, Community and Local Government if his Department has received a request for the reimbursement of costs incurred for meeting the needs of homeless persons in County Kildare; if this reimbursement will be approved; and if he will make a statement on the matter. [39900/15]
Amharc ar fhreagraHousing authority administration of homeless services is organised on a regional basis and funding from my Department for homeless services is also provided on a regional basis. Kildare County Council is the lead authority for the Mid-East Region, which also includes Wicklow County Council and Meath County Council. As lead authority for the region, my Department engages with Kildare County Council on an on-going basis in relation to homelessness, including funding issues. I will positively review the funding needs of the various regions where, as a result of increased levels of homeless presentation in 2015, additional expenditure has arisen over and above that initially allocated. My Department is currently collating information from the various regions to establish actual expenditure to the end of Quarter 3 and estimated expenditure to year-end. A submission has been received in this regard in respect of the Mid-East Region and I will consider this alongside those from the other regions when all reports are to hand shortly.
