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Gnáthamharc

Tuesday, 4 Oct 2016

Written Answers Nos. 211-234

Schools Refurbishment

Ceisteanna (211)

Bernard Durkan

Ceist:

211. Deputy Bernard J. Durkan asked the Minister for Education and Skills the total number of schools throughout the country likely to benefit from refurbishment or replacement in the coming year; the extent to which adequate budgetary provisions have been made in this regard; and if he will make a statement on the matter. [28685/16]

Amharc ar fhreagra

Freagraí scríofa

The Six Year Construction Programme for the period 2016 to 2021, announced in November 2015, priorities new building projects and major extensions, including special schools, in areas where significant demographic need has been established.

In addition, the Programme prioritises projects that in addition to meeting increases in enrolments, have a major deficit of mainstream accommodation capacity for current enrolments, require major refurbishment and replacement of poor accommodation.

While all major projects in the Programme were included on the basis of educational and demographic needs of the particular school and area, the decision of when exactly each individual school building project can commence on site is based on a number of factors including the stage reached by the project in architectural planning, the level of overall funding available and the other contractual commitments and profiled expenditures extant under the Programme at that time.

On 1st January last, there were 66 major projects under construction. Since the start of this year, 50 more projects have been progressed to construction or authorised to progress through the tender process with a view to starting on site in the coming months. That represents a total of 116 major projects either under construction or progressing to commence construction in 2016.  The contractual commitments in respect of these projects for 2016 carry a significant contractual commitment into 2017.

My Department continues to closely monitor expenditure on existing contractual commitments on an ongoing basis and as funding allows, projects will be considered for progression through the tender process with a view to starting on site as soon as possible.

School Transport Review

Ceisteanna (212)

Bernard Durkan

Ceist:

212. Deputy Bernard J. Durkan asked the Minister for Education and Skills when it is expected a review of the school transport system is likely to be undertaken, with particular reference to the objective of the streamlining of school transport in rural areas in which parents and children have been greatly inconvenienced by changes; and if he will make a statement on the matter. [28686/16]

Amharc ar fhreagra

Freagraí scríofa

School transport is a significant operation managed by Bus Éireann on behalf of the Department.

During the 2015/16 school year in the region of 114,000 children, including some 10,000 children with special educational needs, were transported in approximately 4,000 vehicles on a daily basis to primary and post-primary schools throughout the country covering over 100 million kilometres annually.

Under the terms of my Department's Post Primary School Transport Scheme children are eligible for school transport where they reside not less than 4.8 kilometres from and are attending their nearest school as determined by my Department/Bus Éireann, having regard to ethos and language.

Children who are not eligible for school transport may apply for transport on a concessionary basis only.

Transport on a concessionary basis is subject to a number of conditions which are detailed in the School Transport Scheme such as the existence of spare seats on the bus after all eligible children have been catered for and payment of the school transport charge.

As committed to in the Programme for Government, a review of the concessionary charges and rules element of the School Transport Scheme is currently being undertaken.

Pending the completion of this review, there was no planned programme of downsizing school buses in the current school year. There were route changes and variations in line with normal operational decisions that occur from year to year, and any impacts in terms of increases or decreases of available places nationally was marginal, in line with what occurs every year.

It is important to point out that there has been no impact on children who are eligible for school transport.

Departmental Staff Data

Ceisteanna (213)

Brian Stanley

Ceist:

213. Deputy Brian Stanley asked the Minister for Education and Skills the number of staff employed by his Department or seconded to his Department; and if he will make a statement on the matter. [28990/16]

Amharc ar fhreagra

Freagraí scríofa

The number of staff employed in the Department of Education and Skills at 31st August 2016 was 1,290 (1,210.20 whole time equivalents).  In addition at 31st August 2016, the Department also had 38 temporary staff employed.

Labour Court Recommendations

Ceisteanna (214, 215)

Bríd Smith

Ceist:

214. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government if his Department intervened in the ongoing refusal of a State-supported company (details supplied) to honour a Labour Court finding in relation to workers made redundant; if his Department has instructed this company not to use State funds to honour the findings of another State agency; and if he will intervene in this matter to ensure the workers involved receive their just payments. [28059/16]

Amharc ar fhreagra

Bríd Smith

Ceist:

215. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government the reason funding is made available to a private company (details supplied) by his Department while this company is refusing to obey the judgment of a State-appointed body in regard to its workforce. [28060/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 214 and 215 together.

I am aware of the Labour Court recommendation in the case in Question.  The position is that neither my Department, nor the former Department of Community, Equality and Gaeltacht Affairs, was the employer referred to in the Labour Court recommendation. My understanding is that the individuals were employed by an independent company, limited by guarantee, and had employment contracts with that company. Therefore, any employment matters are solely for the board of the company. There could be no role for my Department in such a case.

Section 2 (3) of the Community, Rural and Gaeltacht Affairs (Miscellaneous Provisions) Act 2007, provided that: "The Minister shall not be, or be deemed to be, an employer, within the meaning of the Terms of Employment (Information) Acts 1994 and 2001, by virtue of the provision of funding to a person or persons under any scheme".

The company in question was and continues to be in receipt of state funding for the administration of a number of schemes and programmes.  The delivery of these programmes remains separate to any employment matters, which, as stated, are solely for the board of the company.

Social Inclusion and Community Activation Programme Funding

Ceisteanna (216)

Michael Healy-Rae

Ceist:

216. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government his views on a matter (details supplied) regarding funding; and if he will make a statement on the matter. [28080/16]

Amharc ar fhreagra

Freagraí scríofa

My Department has responsibility for the Social Inclusion and Community Activation Programme (SICAP) 2015-2017, the aim of which is to reduce poverty, promote social inclusion and equality through local, regional and national engagement and collaboration. The programme aims to improve the life chances and opportunities of those who are marginalised in society, living in poverty or in unemployment through community development approaches, targeted supports and interagency collaboration.

SICAP’s target groups are children and families from disadvantaged areas, lone parents, new communities (including refugees and asylum seekers), people living in disadvantaged communities, people with disabilities, Roma, the unemployed (including those not on the Live Register), low income workers/households, Travellers, young unemployed people from disadvantaged areas and young people (aged 15-24) who are not in employment, education or training (NEETs).

Given the significant level of diversity and challenges facing local communities across Ireland, SICAP has been designed to provide sufficient flexibility for Programme Implementers to prioritise and target elements of the programme to particular groups and issues within its operation area. It is important to stress that the programme is unable to, and is not expected to, provide a response to the issues and barriers faced by all individuals living in our communities.

SICAP is delivered locally by the Programme Implementers who operate a range of community schemes and programmes, which are governed by their respective eligibility criteria and rules.

In relation to the matter referred to in the Question, the Deputy should liaise directly with IRD Duhallow Ltd, James O'Keefe Memorial Institute, Newmarket, Co Cork, who are the Programme Implementer in this instance, to establish what supports or options are available for this individual.

Agriculture Industry

Ceisteanna (217)

Joe Carey

Ceist:

217. Deputy Joe Carey asked the Minister for Housing, Planning, Community and Local Government if he will extend the deadline date for the spreading of slurry on farms in view of the unsuitable weather conditions to date; and if he will make a statement on the matter. [28139/16]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 139 of 28 September 2016. The position is unchanged.

Services for People with Disabilities

Ceisteanna (218)

Clare Daly

Ceist:

218. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government the reason for the discrepancy in the advocacy services here, whereby there are currently only three persons employed by the service here while there are 26 employed in similar services in Northern Ireland, which has a significantly smaller deaf population. [28492/16]

Amharc ar fhreagra

Freagraí scríofa

My Department provides funding to the Irish Deaf Society under the Scheme to Support National Organisations in the Community and Voluntary sector, which aims to provide multi-annual funding to national organisations towards core costs associated with the provision of services.

A new round of funding under the Scheme commenced on 1 July this year, for a period of three years. In total, 148 applications were received and assessed by Pobal, which administers the Scheme for my Department. I approved 70 organisations for funding, with a total envelope of €16.4 million over three years. This level of funding was well in excess of the indicated amount initially advertised and was an effort to fund as many organisations as possible under the Scheme.

The maximum amount of funding available under the Scheme is €90,000 per annum per organisation. Irish Deaf Society was allocated €269,700 over the three year period of the scheme. According to the application assessed by Pobal, this will fund direct salary costs associated with three core staff members, namely the advocacy manager, a development worker and an administrator, as well as indirect costs associated with rent and utilities.

Water Charges Exemptions

Ceisteanna (219)

Carol Nolan

Ceist:

219. Deputy Carol Nolan asked the Minister for Housing, Planning, Community and Local Government if nursing homes are currently exempt from water charges; if not, if he will consider requesting such an exemption; and if he will make a statement on the matter. [28494/16]

Amharc ar fhreagra

Freagraí scríofa

With effect from 1 January 2014, Irish Water is responsible for public water services. The Water Services (No. 2) Act 2013 provides that Irish Water shall collect charges from its customers in receipt of water services provided by it. The Act also provides that responsibility for the independent economic regulation of the water sector is assigned to the Commission for Energy Regulation (CER) and the CER has been given statutory responsibility for protecting the interests of customers.

From 2001, national water pricing policy required local authorities to recover the costs of providing water services from all non-domestic users of these services. This policy provided for charges based on actual metered consumption and is consistent with the requirements of the Water Framework Directive. Any business, including nursing homes, connected to a public water supply is liable for charges as a non-domestic customer. It should be noted that the existing arrangements for all non-domestic customers are remaining in place with no changes for the time being.

The CER is progressing a review of all aspects of non-domestic water tariffs and in conjunction with Irish Water will establish an enduring non-domestic tariff framework. The CER will in the coming months publish an information note informing customers and interested parties about the project.

Pyrite Remediation Programme Implementation

Ceisteanna (220)

Darragh O'Brien

Ceist:

220. Deputy Darragh O'Brien asked the Minister for Housing, Planning, Community and Local Government when the remediation work under the pyrite remediation scheme will commence for estates (details supplied); and if he will make a statement on the matter. [28561/16]

Amharc ar fhreagra

Freagraí scríofa

The Pyrite Resolution Board, with the support of the Housing Agency, is responsible for the implementation of the pyrite remediation scheme. In accordance with the provisions of the Pyrite Resolution Act 2013, the Board is independent in the performance of its functions, and as Minister, I have no role in the operational matters pertaining to the implementation of the scheme. The Board may be contacted by phone at Locall 1890 252842 or by email to info@pyriteboard.ie.

National Planning Framework

Ceisteanna (221, 245)

Eoin Ó Broin

Ceist:

221. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government if the stakeholder consultation report on the national planning framework, arising from the consultation events that took place in June 2016, has been published; and if not, when the report will be published. [28094/16]

Amharc ar fhreagra

Eamon Ryan

Ceist:

245. Deputy Eamon Ryan asked the Minister for Housing, Planning, Community and Local Government the timetable for the completion of the national planning framework; and the way he plans to connect that framework to the capital plan. [28665/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 221 and 245 together.

As the Deputies will be aware, the current National Spatial Strategy (NSS) was published in 2002 and was Ireland's first national strategic spatial planning framework, setting an overarching planning framework. The Strategy remains in force and as a result of the Planning and Development (Amendment) Act 2010, its statutory role and influence has been strengthened by new requirements for local authority and regional plans to align with the NSS.

I intend that the new National Planning Framework will be a high-level nationally focused document, developed to ensure the optimal development of the country as a whole, while maximising Ireland’s economic recovery and on-going growth at national, regional and local level. It should contribute further to sustainable national recovery through an inclusive and participative approach with all relevant national, regional and local interests. Furthermore, the Framework will act as the strategic planning context for relevant Government policies and capital investment planning in relation to housing, water services, transport, communications, energy, health and education infrastructure, as well as the preparations by the three new Regional Assemblies of their new regional spatial and economic strategies, and for planning authorities and An Bord Pleanála.

In December 2015, the Government approved and published a roadmap for the preparation of the New National Planning Framework: this is available on my Department’s website at the following link: http://www.housing.gov.ie/sites/default/files/publications/files/towards_a_national_planning_framework_december_2015.pdf.

The NPF ‘roadmap’ outlines arrangements for the preparation of the NPF, which includes the establishment of a dedicated work team in my Department whose work will be overseen by a high-level cross-Departmental steering group supported by appropriate public consultation and stakeholder engagement arrangements. Effective consultation will ensure that the Framework is built from the ground up, while at the same time taking account of strategic realities at national level.

In June 2016, my Department undertook a series of key stakeholder consultation events as an initial step in identifying a range of issues for consideration ahead of preparing the draft National Planning Framework. This has provided an important building block to the consultation process and it is anticipated that the Stakeholder Consultation Report will be made available in the coming weeks. This release will correspond with a formal national consultation programme which is currently being prepared and which will be an opportunity for all citizens to input their views and help to shape the NPF.

In addition, I am consulting with my colleagues in other Departments to inform the NPF in recognition of its whole-of-Government approach and impact and of the challenges and opportunities that exist to better align place-making, investment priorities, employment and environmental strategies.

It is intended that an emerging draft National Planning Framework will be prepared by early 2017. The framework will be submitted to the Oireachtas for approval in due course.

Animal Welfare

Ceisteanna (222)

Clare Daly

Ceist:

222. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government further to Question No. 638 of 16 September 2016, if he will exercise his powers under section 222 of the Local Government Act 2001 to request the information sought from the local authority in question. [28096/16]

Amharc ar fhreagra

Freagraí scríofa

I refer to the reply to Question No. 638 of 16 September 2016 which sets out the position in this matter.

Housing Assistance Payment Administration

Ceisteanna (223)

Richard Boyd Barrett

Ceist:

223. Deputy Richard Boyd Barrett asked the Minister for Housing, Planning, Community and Local Government if persons signing tenancy agreements under the HAP scheme will automatically be put on the council transfer list; when the HAP scheme will be rolled out fully in the four Dublin local authority areas; and if he will make a statement on the matter. [28111/16]

Amharc ar fhreagra

Freagraí scríofa

As the Housing Assistance Payment (HAP) is deemed to be a social housing support under section 19 of the Housing (Miscellaneous Provisions) Act 2009, as amended, households in receipt of HAP are not included on the local authority waiting list for social housing support. However, HAP recipients may access other forms of social housing supports, by applying to go on the local authority transfer list.

On 16 December 2014, a statutory direction was issued to all authorities involved in the Housing Assistance Payment (HAP) statutory pilot, instructing them to take the necessary steps to ensure that households benefiting from HAP can avail of a move to other forms of social housing support, should they wish to do so, through a transfer option.

Local authorities were also directed that HAP recipients, who apply to go on the transfer list, should get full credit for the time they spent on the waiting list and be placed on the transfer list with no less favourable terms than if they had remained on the waiting list. In practice, housing authorities offer HAP recipients the opportunity to apply to go on the transfer list at the point when their HAP application is approved. It is ultimately the choice of the HAP recipient to choose if they wish to be placed on a local authority’s transfer list. As of mid-September 2016, over 160 households have transferred from the HAP scheme to other forms of social housing support.

The implementation of the Housing Assistance Payment (HAP) scheme is a key Government priority. The accelerated rollout of the scheme on a national basis is an important early action for completion under Rebuilding Ireland: Action Plan for Housing and Homelessness. Local authorities, including the local authorities in the Dublin Region, and my Department are working closely together in order to ensure the successful implementation of the scheme. Rebuilding Ireland commits to the roll-out of the HAP scheme in the administrative areas of Dublin City Council, Dún Laoghaire Rathdown County Council and Fingal County Council in Q1 of 2017, subject to the necessary regulations being in place.

Pyrite Remediation Programme

Ceisteanna (224)

Alan Farrell

Ceist:

224. Deputy Alan Farrell asked the Minister for Housing, Planning, Community and Local Government the number of category 1 properties that have been identified as part of the pyrite remediation scheme; the average cost of remediation per property for those already remediated; and if he will make a statement on the matter. [28152/16]

Amharc ar fhreagra

Freagraí scríofa

The Pyrite Resolution Act 2013 provides for the making of a pyrite remediation scheme by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The full conditions for eligibility under the scheme are set out in the scheme, which is available on the Board’s website ( www.pyriteboard.ie).

The scheme is applicable to dwellings which are subject to significant damage attributable to pyritic heave established in accordance with I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and categorisation protocol. It is a condition of eligibility under the scheme that an application to the Board must be accompanied by a Building Condition Assessment with a Damage Condition Rating of 2. I have no proposals to amend this eligibility criterion.

Given the scheme does not apply to dwellings which have a Damage Condition Rating of 1, the Board do not maintain records on the number of properties that fall into this category. Nevertheless, the Board is aware that 7 dwellings, which had a Damage Condition Rating of 1 when their building condition assessments were first completed, and which were refused under the scheme, have now progressed to a Damage Condition Rating of 2; these dwellings have now been included in the pyrite remediation scheme following the submission of new applications.

In general terms, the cost of pyrite remediation is largely dependent on the dwelling type, the number of units in a project, the floor area of the dwellings, the depth of hardcore in the units and the presence or otherwise of under-floor heating systems. Against this background, remediation costs can vary significantly and may not always be directly comparable across projects. While my Department monitors overall expenditure under the scheme, the costs associated with individual projects are determined by on-going competitive procurement processes, which fall within the remit of the Housing Agency. However the average cost of remediation having regard to those dwellings already remediated is some €59,000, inclusive of the allowances provided under the scheme for alternative accommodation, furniture removal and storage and Building Condition Assessments.

Local Authority Housing Funding

Ceisteanna (225)

Eoin Ó Broin

Ceist:

225. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government if funding can be released to allow site enabling works on the highlighted piece of land at Shangan, Ballymun, for affordable and senior citizens units. [28174/16]

Amharc ar fhreagra

Freagraí scríofa

The preparation of this site for development is, in the first instance, a matter for Dublin City Council and is outside of the Ballymun Regeneration Project. I understand that to facilitate the development of the site, the Council has identified a need to construct the Shangan surface water attenuation pond, which it is proposed to situate in the area to the front of the Shangan Neighbourhood Centre.

However, to carry out these attenuation works, it is necessary for the Council to review and update the Surface Water Masterplan for this area, to ensure that provision is made to adequately cater for the proposed quantum of development in the area and beyond.

Rural Resettlement Scheme

Ceisteanna (226, 229)

John Curran

Ceist:

226. Deputy John Curran asked the Minister for Housing, Planning, Community and Local Government if he will reinstate funding to Rural Resettlement Ireland, which ceased in 2012 (details supplied); and if he will make a statement on the matter. [28190/16]

Amharc ar fhreagra

Willie Penrose

Ceist:

229. Deputy Willie Penrose asked the Minister for Housing, Planning, Community and Local Government the steps he will take to provide additional resources to Rural Resettlement Ireland which has been significantly reduced since 2012, in order to permit it continue with its vital work; and if he will make a statement on the matter. [28313/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 226 and 229 together.

As the Deputy will be aware, my colleague the Minister for Arts, Heritage, Regional, Rural and Gaeltacht Affairs, has overall responsibility for regional and rural matters and will be advancing a broadly based rural development strategy, in the context of the Programme for a Partnership Government.

For my part, the recently published Rebuilding Ireland: An Action Plan for Housing and Homelessness includes a range of measures supportive of the regeneration and renewal of towns and villages across rural Ireland and, consequently, ensuring a vibrant population in those places.

It is my aim that all steps are taken to secure the re-use of vacant and underutilised properties for residential purposes, particularly in the many towns and villages in rural Ireland that contain a significant number of empty houses. Action 5.1 of the Action Plan relates to the development of a National Vacant Housing Re-Use Strategy and I intend to examine the potential to widen the geographical range of social housing location options available to persons seeking such accommodation.

The Strategy will examine the potential for bringing existing but vacant housing back into beneficial use and I intend to examine mechanisms to match such accommodation potential to prospective applicants for social housing, through measures such as the Repair and Leasing Initiative, which will see up-front financial assistance being made available to upgrade empty but sub-standard accommodation in return for leasing the property back for social housing purposes. Acquisition and leasing options are also available to local authorities to ensure that households needing accommodation may be provided with that accommodation.

The development of a rural resettlement programme will be considered further, in conjunction with the Department of Arts, Heritage, Regional, Rural & Gaeltacht Affairs, in the context of taking forward these measures, the details of which are set out in the Action Plan, which is available on the website, www.rebuildingireland.ie.

Felling Licences

Ceisteanna (227)

James Lawless

Ceist:

227. Deputy James Lawless asked the Minister for Housing, Planning, Community and Local Government if his Department can investigate the blocking of a public right of way at a location (details supplied) and examine the felling of trees at this site; and if he will make a statement on the matter. [28226/16]

Amharc ar fhreagra

Freagraí scríofa

The felling of trees is a matter for the Forest Service of the Department of Agriculture, Food and the Marine who issue tree felling licences and deal with unauthorised tree felling. Any question of a breach of the Wildlife Acts is a matter for my colleague, the Minister for Arts, Heritage, Regional Rural and Gaeltacht Affairs.

Departmental Strategies

Ceisteanna (228)

Paul Murphy

Ceist:

228. Deputy Paul Murphy asked the Minister for Housing, Planning, Community and Local Government his plans to reflect and deliver on a public duty (details supplied) in his Department's statement of strategy due to be published in October 2016; the way in which his Department is engaging with the programme for a partnership Government commitment to equality and gender proofing in the departmental and budgetary process; and if he will make a statement on the matter. [28308/16]

Amharc ar fhreagra

Freagraí scríofa

The Irish Hum an Rights and Equality Act 2014 places a positive duty on public sector bodies to have regard to the need to eliminate discrimination, promote equality and protect human rights, in their daily work. My Department has appointed an official at a senior level to liaise with the Irish Human Rights and Equality Commission on the implementation of this Public Sector Duty.

The legislation requires public bodies, when preparing their Statements of Strategy, to conduct an assessment of the human rights and equality issues it believes to be relevant to the functions of the body and the policies in place or proposed to be put in place to address those issues. Initial engagement with the Commission has taken place in the context of the preparation of my Department’s next Statement of Strategy which is due to be published in November 2016.

My Department is committed to playing its part in working towards the commitment in the Programme for a Partnership Government to equality and gender proofing in the budgetary process and will work closely with the Oireachtas Committee on Budgetary Oversight in this regard.

Question No. 229 answered with Question No. 226.

Planning Issues

Ceisteanna (230, 231)

Pat Buckley

Ceist:

230. Deputy Pat Buckley asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the fact that areas in Midleton that have had serious flooding in recent years and are at risk of flooding again have been granted planning permission for housing development; and if he will make a statement on the matter. [28347/16]

Amharc ar fhreagra

Pat Buckley

Ceist:

231. Deputy Pat Buckley asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to the fact that Cork County Council has ignored the recommendations of the CFRAM study from 2013 that advised on measures to address flood risk in the Midleton area, in particular for a street (details supplied) that was subsequently flooded, leaving homes completely uninhabitable. [28348/16]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 230 and 231 together.

The 2010 Lee CFRAMs (Catchment Flood Risk Management Plan) is the most recent CFRAM study incorporating the Midleton area and is available for download at www.lee.cfram.com.

The Office of Public Works (OPW) recently initiated a new CFRAM (South Western) Study which incorporates the Midleton area and this is currently at consultation stage.  As the Deputy will be aware the objective of a CFRAMS is to identify areas which are at risk from flooding, to evaluate the level of risk and map the risk assessments. CFRAMS data are used to measure risk and inform future decisions about the use of lands.  A CFRAM study does not address or recommend measures to mitigate risk.

The OPW is also the National Agency with responsibility for flood protection in Ireland, and has recently approved a flood relief scheme for Midleton.  The scheme is complex and challenging as the design solution must address a range of Pluvial, Fluvial, Groundwater and Tidal flooding issues.

Cork County Council was appointed as project lead for the scheme when funding was approved on 27 May 2016.  The Council immediately initiated the preparation of tender documentation to procure professional and technical supports for the design and delivery of the project.  Consultancy Tenders were advertised on 8 July 2016 and tenders are  due by 10/10/16. Cork County Council is acting to appoint consultants and initiate Stage I (Scheme Development) by early 2017.

In this context there is no evidence that Cork County Council has ignored the recommendation of the CFRAM study in respect of planning decisions. In relation to the locations mentioned by the Deputy:

Tír Cluain:

Planning permission was granted for 237 houses in 2005 prior to the availability of flood maps for the town and prior to the publication of the Guidelines on The Planning System and Flood Risk Management (published in 2009). An application to extend the duration of the permission was granted under S42 of the Planning and Development Act 2000 (as amended). In determining the extension of duration application, it was deemed that substantial works had been carried out (a total of 162 units had been constructed), which, in accordance with the legislation, precluded any assessment of flood risk arising from the development.

In 2014, planning permission was granted for revisions to the originally permitted development. This arose from a Site Resolution Plan for the estate and consolidates the layout (revised boundary treatment, landscaping, etc) but does not authorise additional dwelling units.

Midleton Town Parks:

This area covers much of central Midleton. There are no recent housing planning permissions granted here.

Lauriston and Bannog:

These are established housing estates which predate the CFRAM study and flood maps. No recent planning permissions for new housing developments have been granted at these locations.

Commercial Rates Calculations

Ceisteanna (232)

Kevin O'Keeffe

Ceist:

232. Deputy Kevin O'Keeffe asked the Minister for Housing, Planning, Community and Local Government if he will put measures in place regarding commercial rates to assist businesses when major road works are ongoing in their area over a sustained period of months; if his attention has been drawn to the fact that many businesses suffer a substantial loss of business during such projects and have to let staff go; if his attention has further been drawn to the fact that no reduction is given on their commercial rates bill; and his views on whether recognition must be given to such businesses in order to assist them to remain in a trading position. [28396/16]

Amharc ar fhreagra

Freagraí scríofa

Local authorities are required by legislation to levy rates on any property used for commercial purposes in accordance with the details entered in the valuation lists prepared by the independent Commissioner of Valuation under the Valuation Acts 2001 to 2015. The annual rate on valuation (ARV), which is applied to the valuation for each property determined by the Valuation Office to obtain the amount payable in rates, is decided by the elected members of each local authority in the annual budget and its determination is a reserved function.

Local authorities work closely with ratepayers experiencing difficulty in the payment of commercial rates. In this regard, local authorities are facilitating the payment of commercial rates by instalments and work with businesses to put in place flexible payment options that reflect capacity to pay.

Fire Stations Upgrade

Ceisteanna (233)

Brendan Griffin

Ceist:

233. Deputy Brendan Griffin asked the Minister for Housing, Planning, Community and Local Government if the extension of the fire station at Bypass Road, Killarney, will be prioritised for emergency reasons (details supplied); and if he will make a statement on the matter. [28399/16]

Amharc ar fhreagra

Freagraí scríofa

My Department, earlier this year, announced a five-year Fire Services Capital Programme with an allocation of €40 million, based on the current annual €8 million allocation, to be used for the purchase of fire appliances and specialist equipment, building or upgrading of prioritised Fire Stations, an upgrade of the Communications and Mobilisation system and improvements to Training Centres. Under this programme, sixteen new-build fire stations are to be provided and ten fire stations are to be upgraded.

An upgrade of Killarney fire station is provided for in the current five-year programme. Project documentation, including contract documents and a cost plan, were received in my Department in 2015, indicating a total project cost of €440,000. My Department is liaising with Kerry County Council to progress the Killarney project as a priority as part of this programme. A capital appraisal of the project from Kerry County Council has been requested and is awaited.

The projects in the capital programme will be reassessed on an annual basis and priority may be adjusted to bring forward projects offering best value-for-money and to take account of the state of readiness of the projects.

Tenant Purchase Scheme

Ceisteanna (234)

Mattie McGrath

Ceist:

234. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government if he is satisfied with the fairness of the criteria attached to the tenant purchase scheme for county councils; if his attention has been drawn to the fact that some of the criteria adversely affect old age pensioners, in particular; and if he will make a statement on the matter. [28414/16]

Amharc ar fhreagra

Freagraí scríofa

The new Tenant Incremental Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. To be eligible, tenants must meet certain criteria, including having a minimum reckonable income of €15,000 per annum.

The minimum reckonable income for eligibility under the Scheme is determined by the relevant housing authority in accordance with the detailed provisions of the Ministerial Direction issued under Sections 24(3) and (4) of the 2014 Act. In the determination of the minimum reckonable income, housing authorities can include income from a number of different sources and classes, such as from employment, private pensions, maintenance payments and certain social welfare payments, including pensions, where the social welfare payment is secondary to employment income.

In order to ensure the sustainability of the scheme, it is essential that an applicant’s income is of a long-term and sustainable nature. This is necessary to ensure that the tenant purchasing the house is in a financial position, as the owner, to maintain and insure the property for the duration of the charged period. This ensures compliance with the conditions of the order transferring the ownership of, and responsibility for, the house from the local authority to the tenant.

In line with the commitment in the Programme for a Partnership Government and reaffirmed in Rebuilding Ireland - Action Plan for Housing and Homelessness, I intend to undertake a review of the scheme in January 2017 following the first 12 months of operation. Following that review I will bring forward any changes to the terms and conditions of the scheme which are considered necessary based on the evidence gathered at that stage.

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