Written Answers Nos. 382-395
383. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government if his Department plans to change planning conditions which prevent the rejection of applications in suburban areas of high density buildings; and if he will make a statement on the matter. [10161/17]
Amharc ar fhreagraNational planning policy strongly supports goals relating to avoiding urban sprawl and securing the efficient use of serviced urban land and increased densities, especially in highly accessible inner city areas, where the full range of employment, retail, educational and recreational facilities are within walking or cycling distance and close to frequent public transport.
In addition, a detailed and national level policy approach in relation to residential densities in urban areas has already been set out in my Department’s Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, published in May 2009 under Section 28 of the Planning and Development Act 2000, as amended.
The objective of these Guidelines is to ensure local authorities bring about high quality and sustainable urban development using their development planning and management functions to deliver:
- quality homes and neighbourhoods;
- places where people want to live, work and raise families; and
- places that work in relation to the provision of infrastructure.
The Guidelines set out a broad and accepted policy context for achieving sustainable development by balancing the need to ensure the highest standards of residential design which encompasses building lay-out, design and heights and the need to ensure efficient use of scarce land and infrastructural resources and the avoidance of urban sprawl.
In particular, the Guidelines outline a range of densities appropriate to different location types, from lower densities in the range of 15 to 20 dwellings per hectare at the edges of smaller towns and villages for private site-type developments to densities in the range of 20 to 40 dwellings per hectare in more central or edge-of-centre sites in smaller towns, through to densities in the range of a minimum of 50 dwellings per hectare in larger urban areas along public transport corridors.
The Guidelines also place a heavy emphasis on the importance of public infrastructure, such as public transport, community and sports facilities, as densities increase towards more central urban locations, and of the development plan process in securing effective sustainable urban development outcomes.
However, the Guidelines do not set out specific policy advice in relation to height of buildings alone, in isolation from broader location, design and layout considerations nor would it be appropriate to do so, given variability in urban contexts and the inappropriateness of a “one size fits all” height policy for urban areas that can range from small villages to towns and cities and from suburban to city centre settings. Rather, it is a matter for local authorities to ensure the appropriate application of the Guidelines in their statutory development plan and development management processes.
In addition, the National Planning Framework will further develop the policy in this area, for example in relation to identifying potential to build up the population and economic vitality of city and town centre areas that in many cases have witnessed a sustained movement of people outwards to suburban and wider settings.
In view of the above, I consider that there is appropriate and sufficient national policy guidance to support good higher density development proposals.
384. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government his plans to extend tenants' rights to those persons who rent a room in a person's house; and if he will make a statement on the matter. [10163/17]
Amharc ar fhreagra386. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government his plans to legislate to force those persons who rent rooms in a house to register as landlords and ensure that the accommodation they provide is of a minimum physical standard; and if he will make a statement on the matter. [10165/17]
Amharc ar fhreagraI propose to take Questions Nos. 384 and 386 together.
The Residential Tenancies Act 2004, as amended, regulates the tenant-landlord relationship in the private rented residential sector. The Residential Tenancies Board (RTB) 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.
The Act applies to every dwelling that is the subject of a tenancy, subject to a limited number of exceptions. The dwellings to which the Act does not apply are set out in section 3(2) of the Act, and include for example:
- a dwelling that is used wholly or partly for the purpose of carrying on a business;
- a dwelling within which the landlord also resides;
- a dwelling the subject of a tenancy the term of which is over 35 years.
In these cases the RTB does not have any function in relation to the agreements or arrangements on which they are based.
In circumstances where it is unclear as to whether a dwelling is the subject of a tenancy to which the Act applies, the RTB can adjudicate on the question and has done so in the past. Where it finds that a tenancy is unregistered due to the landlord’s wrongful claim that the Act does not apply to the dwelling, the RTB can serve a notice requiring registration and failure to comply is an offence.
Where the owner of a dwelling, residing in that dwelling, lets a room, that letting is not considered to be a tenancy within the meaning of the Residential Tenancies Act. I have no plans at this time to extend the provisions of the Residential Tenancies Acts to persons who rent a room in a dwelling within which the landlord also resides.
However, the legislation on overcrowding of houses is laid out in Part IV of the Housing Act 1966 and applies irrespective of whether the house is the subject of a tenancy. Under that Act, a housing authority may request information from the owner or occupier of a house such as will allow that authority to determine if a house can be deemed to be overcrowded, having regard to section 63 of the Act.
The housing authority may serve notice on the owner of a house specifying the maximum number of persons that may occupy a house without causing overcrowding and, where the owner of a house is causing or permitting the house to be overcrowded, may require the owner to desist from causing or permitting such overcrowding within a period not exceeding twenty one days. Any person who neglects or refuses to comply with these requirements is guilty of an offence.
385. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government his plans to legislate to prevent overcrowding in houses which rent out rooms to persons; and if he will make a statement on the matter. [10164/17]
Amharc ar fhreagra387. Deputy Noel Rock asked the Minister for Housing, Planning, Community and Local Government if his attention has been drawn to a report (details supplied) on 15 February 2017 regarding the treatment of tenants by a person; and if he will make a statement on the matter. [10166/17]
Amharc ar fhreagraI propose to take Questions Nos. 385 and 387 together.
The issue of overcrowded houses is dealt with in Part IV of the Housing Act 1966. Under that Act, a housing authority may request information from the owner or occupier of a house such as will allow that authority to determine if a house can be deemed to be overcrowded, having regard to section 63 of the Act.
The housing authority may serve notice on the owner of a house specifying the maximum number of persons that may occupy a house without causing overcrowding and, where the owner of a house is causing or permitting the house to be overcrowded, may require the owner to desist from causing or permitting such overcrowding within a period not exceeding twenty one days.
Any person who neglects or refuses to comply with these requirements is guilty of an offence. Overcrowding may give rise to concerns in respect of fire safety, and may lead to enforcement action by fire authorities. Situations of overcrowding should be reported to the relevant local authority.
388. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government further to Parliamentary Question No. 282 of 21 February 2017, the dates on which the Minister of State (details supplied) or officials from his Department met credit union representatives to discuss the potential involvement of credit unions in a new variant of the mortgage-to-rent scheme; the names of the representatives that the Minister of State or officials met; and the reason these meetings were not disclosed to Dáil Éireann in the reply to Parliamentary Question No. 155 of 8 February 2017. [10200/17]
Amharc ar fhreagraIn the context of the expressed interest of credit unions in providing finance for the delivery of social housing, the potential scope for credit union involvement in the proposed new Mortgage to Rent pilot projects is being examined.
My colleague, Minister of State Damien English met with the Irish league of Credit Unions (ILCU) on 21 February 2017, where this matter was addressed. The ILCU was represented by Mr. John Knox, Mr. Ed Farrell and Mr. Gerard Howlin. This meeting took place subsequent to the reply to parliamentary question number 155 of 8 February 2017.
389. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government the current position in relation to the establishment of a statutory register of architectural technologists, in view of the establishment of the QQI standard in architectural technology almost a year ago; and the likely timeframe for its introduction. [10203/17]
Amharc ar fhreagraMy Department has had detailed engagement with the Chartered Institute of Architectural Technologists ( CIAT ) over the past number of years. In this regard, my Department outlined a number of options in keeping with the Building Control Act 2007 which could be pursued by CIAT with a view to progressing the registration of its Chartered Architectural Technologist members. My Department supported the establishment by CIAT of the voluntary Register for Architectural Technologists in Ireland in July 2014 to represent those practising within the Republic of Ireland. The voluntary register operated by CIAT assesses and monitors the competency standards for Architectural Technologist applicants.
In March 2016, Quality and Qualifications Ireland (QQI) formally published the national graduate standard for Architectural Technology in Ireland. This was the result of close collaboration between QQI, CIAT and the Royal Institute of the Architects of Ireland (RIAI).
Since publication of the QQI standard in architectural technology, my Department has met with CIAT representatives to provide guidance and an explanation of the process involved in order to place the register on a statutory footing. The prospective registration bodies have a major role to play to devising and gaining consensus within their sector on a registration process that is fit for purpose as a statutory register and in this regard I understand that meetings have taken place between the CIAT and the RIAI.
Following the meeting my Department has provided follow up information to CIAT regarding the preparation of a Regulatory Impact Analysis (RIA) in relation to the creation of a statutory register and await feedback and input from CIAT in this regard. My Department will continue to engage and work with CIAT in relation to this matter.
390. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government the funding that will be allocated to Wexford County Council for 2017 with regard to housing construction; and if he will make a statement on the matter. [10204/17]
Amharc ar fhreagra391. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government the amount that will be allocated to Wexford County Council for 2017 with regard to the purchase of houses; and if he will make a statement on the matter. [10205/17]
Amharc ar fhreagra392. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government the amount that will be allocated to Wexford County Council for 2017 for the funding of housing grant schemes; and if he will make a statement on the matter. [10206/17]
Amharc ar fhreagra393. Deputy Mick Wallace asked the Minister for Housing, Planning, Community and Local Government the amount that will be allocated to Wexford County Council for 2017 for the upgrade of existing housing stock; and if he will make a statement on the matter. [10207/17]
Amharc ar fhreagraI propose to take Questions Nos. 390 to 393, inclusive, together.
My Department has put in place a wide range of programmes that are available to all local authorities to generate increased social housing supply, to address specific special needs and to improve the standards and condition of the social housing stock.
In relation to the Deputy’s queries, the development and advancement of appropriate targeted proposals under the various capital programmes mentioned is, in the first instance, a matter for Wexford County Council.
Arising from the Social Housing Strategy, targets and provisional funding allocations were notified to each local authority in April 2015 that covered the period out to end 2017. This released €1.5 billion nationally for nearly 23,000 new social housing units to be delivered via a combination of building, buying and leasing schemes. Wexford’s target is for the delivery of 677 units to the end of 2017, with a funding allocation of €25.36 million.
Now, with the increased national targets under Rebuilding Ireland, increased targets beyond 2017 will be set for all local authorities. These will be based on the results of the most recent statutory Summary of Social Housing Assessments, published in late 2016, so that delivery and resources can be aligned with the up-to-date, priority housing needs locally. I anticipate these new targets for individual local authorities will be finalised in Q2 2017.
My Department is in regular contact with Wexford County Council with a view to facilitating the early advancement and delivery of its proposals, and funding for 2017 will be provided by my Department in line with their progress. Accordingly, rather than a pre-set allocation of funding for this year, the level of funding to be provided to Wexford County Council will be directly linked to the scale of delivery they achieve on their approved proposals.
Indeed, it should be noted that my Department has been working closely with all local authorities including Wexford County Council to facilitate and accelerate the delivery of social housing. Wexford County Council already has a strong pipeline of construction projects in development and is being encouraged by my Department to prepare and submit additional construction proposals to further strengthen that pipeline. Details of the County Wexford construction pipeline are available at the following weblink: http://rebuildingireland.ie/news/social-housing-developments/.
394. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government if his Department provides grants for the construction of new septic tanks (details supplied); and if he will make a statement on the matter. [10235/17]
Amharc ar fhreagraThe Domestic Waste Water Treatment Systems (Financial Assistance) Regulations 2013, a copy of which is available in the Oireachtas Library, brought into operation a grants scheme to assist with the cost of remediation of septic tanks and domestic waste water treatment systems which are deemed, following inspection under the Environmental Protection Agency’s National Inspection Plan, to require repair or upgrading. The grant scheme ensures that the limited financial resources available are targeted towards householders, particularly those on lower incomes, who incur expenditure directly as a result of the implementation of the Water Services (Amendment) Act 2012. The Regulations provide that, subject to the applicant meeting all qualification criteria, a local authority may pay a grant to a person who is required, following an inspection, to have repairs or upgrades to, or replacement of, a septic tank or other domestic waste water treatment system. Full details of the scheme, including eligibility criteria, are clearly set out in the explanatory leaflet and application form published on my Department’s website at the following link: http://www.housing.gov.ie/en/Publications/Environment/Water/FileDownLoad,33607,en.pdf.
Householders who do not meet the eligibility criteria included in the above regulations but wish to remediate or upgrade their on-site treatment systems may qualify for relief under the Home Renovation Incentive (HRI) Scheme introduced under Section 5 of the Finance (No. 2) Act 2013. The HRI scheme covers main residence repairs, renovations and improvements, including the repair or replacement of septic tanks. The scheme is administered by the Revenue Commissioners and full details are published on the Revenue Commissioner’s website (www.revenue.ie ).
395. Deputy Darragh O'Brien asked the Minister for Housing, Planning, Community and Local Government the status of a case (details supplied); and if he will make a statement on the matter. [10272/17]
Amharc ar fhreagraMy Department is not a party to the case referred to. However, I understand that a request for a preliminary ruling pursuant to Article 267 of the Treaty on the Functioning of the European Union was sought from the Court of Justice of the European Union on a number of points of European law, which had been raised in the case concerned, by Ireland’s Supreme Court by order of 19 December 2014. The judgment of the Court of Justice was made on 27 October 2016 and is available at http://curia.europa.eu/juris/liste.jsf?language=en&jur=C,T,F&num=613/14&td=ALL#. The case remains before the Supreme Court and, as a consequence, is sub judice. In the circumstances, it would be inappropriate for me to comment further in this matter at this point in time.
