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Thursday, 6 Apr 2017

Written Answers Nos. 1-19

Wind Energy Guidelines

Ceisteanna (12, 37, 50)

Mattie McGrath

Ceist:

12. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government if he will address concerns that wind turbine farms are failing to adhere to minimum setback distances from dwelling houses; and if he will make a statement on the matter. [13882/17]

Amharc ar fhreagra

Thomas Byrne

Ceist:

37. Deputy Thomas Byrne asked the Minister for Housing, Planning, Community and Local Government his plans for new and acceptable guidelines on wind turbines. [17112/17]

Amharc ar fhreagra

Timmy Dooley

Ceist:

50. Deputy Timmy Dooley asked the Minister for Housing, Planning, Community and Local Government the scenarios examined for set back distances between wind turbines and residential homes; and if he will make a statement on the matter. [13895/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 12, 37 and 50 together.

The Wind Energy Development Guidelines 2006 do not provide for a mandatory minimum setback distance between wind turbines and residential dwellings.  However, in the context of, and in addition to, noise limits, they indicate an advisory minimum setback distance of 500m to protect residential dwellings in noise sensitive locations.

In December 2013, my Department published proposed draft revisions to the 2006 Wind Energy Development Guidelines relating to noise, setback distance and shadow flicker.  These draft revisions proposed:

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

- a mandatory minimum setback distance 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.

Since May 2016, taking account of the commitment in the Programme for a Partnership Government, I have been liaising closely with my colleague, Minister Naughten, having regard to his responsibility for renewable energy policy, on the review of the 2006 Guidelines, with a view to bringing the review to a close and providing certainty on the matter to all stakeholders, including local authorities, the energy sector and the wider community. I expect to be in a position to make a statement on the matter in the coming weeks, outlining the proposed revisions to the Guidelines and the timelines for implementation of the various elements shortly.

It is important to mention that as part of the overall review, and having regard to a recent ECJ Judgement on the Belgian/Wallonian wind energy guidelines, it is intended to undertake a strategic environmental assessment (SEA) of the proposed revisions to the 2006 Guidelines before they come into effect. This is in accordance with the requirements of EU Directive 2001/24/EC on the assessment of the effects of certain plans and programmes on the environment, the SEA Directive. In light of the SEA requirement which will take approximately 9 months, it is likely that while the proposals for revisions to the Guidelines will be available shortly, the Guidelines will not be finalised and come into effect until the end of the year.

When finalised, revised Guidelines will be issued under Section 28 of the Planning and Development Act 2000, as amended.  Planning authorities, and, where applicable, An Bord Pleanála, must have regard to guidelines issued under Section 28 in the performance of their functions generally under the Planning Acts.

Social and Affordable Housing Funding

Ceisteanna (13)

Eoin Ó Broin

Ceist:

13. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the measures he will undertake to strengthen SICAP, social inclusion and community activation programme, in view of the fact there is a commitment in the programme for a partnership Government to strengthen SICAP and increase RAPID funding; and if he will commit to a review of the flawed tendering process that community groups go through when applying for this funding. [17088/17]

Amharc ar fhreagra

Freagraí scríofa

The Programme for a Partnership Government gave a commitment to strengthen the Social Inclusion and Community Activation Programme, SICAP, and to reactivate the RAPID (Revitalising Areas by Planning, Investment and Development) Programme. It is anticipated that the re-cast RAPID programme will roll out in 2017. The logistical and other arrangements for that programme are currently under consideration in my Department.

In relation to SICAP, there are a number of actions being undertaken, which my Department is leading out on, and which will lead to a better understanding of SICAP and its impacts, and which will inform my Department in reshaping the next iteration of SICAP, due to roll out in 2018.

Firstly, I am leading a targeted national consultation process which will assist in the design of the next programme, involving national and regional sessions and a number of focus groups in which feedback is being sought from the key stakeholders involved. The consultation process offers a platform to consider how the programme can be refined and for solutions to be put forward in order to strengthen the programme from 2018.

Secondly, the ESRI has begun a qualitative study looking at SICAP goals and its governance structure as part of a wider evaluation project.

There will also be a qualitative research project looking at a cohort of SICAP participants - young people not in employment, education or training (NEETs) - carried out by an external provider in 2017.  This research will examine how SICAP’s Programme Implementers identify and engage with this target group, it will look at the types of outcomes being achieved for them and it will put forward good practice examples to inform the next iteration of the programme.

The method for establishing contracts for the next SICAP programme is currently under consideration in my Department, commensurate with, inter alia, legal requirements, compliance with the Public Spending Code and value for money considerations.

Emergency Accommodation Provision

Ceisteanna (14, 21)

Jan O'Sullivan

Ceist:

14. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government if he will achieve the target of no longer using hotels to house homeless persons, except in very limited circumstances, by July 2017; and if he will make a statement on the matter. [16826/17]

Amharc ar fhreagra

Bríd Smith

Ceist:

21. Deputy Bríd Smith asked the Minister for Housing, Planning, Community and Local Government his views on the progress of his plans to end the use of emergency settings such as hotels, bed and breakfasts and so on for persons; and if he will make a statement on the matter. [17107/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 14 and 21 together.

The target set in Rebuilding Ireland, that by mid-2017 hotels will only be used in limited circumstances to provide emergency accommodation for families, is necessarily ambitious.  However, I believe that the significant efforts currently being made by local authorities and other key bodies, supported by my Department, will enable the objective to be achieved. 

It is intended that the long-term housing needs of families that are currently homeless will be met through a mix of social housing solutions, particularly through the enhanced Housing Assistance Payment (HAP) scheme, general social housing allocations and other letting arrangements that the housing authorities consider appropriate.  Significant results are already being achieved in this regard, with housing authorities achieving over 3,000 sustainable exits from homeless accommodation into independent tenancies during 2016, a record level of exits in a calendar year.

Local authorities are also pursuing a range of new emergency accommodation facilities that can be used as an alternative to hotels, to accommodate households during periods of homelessness.  These supported accommodation initiatives will provide temporary accommodation for homeless families with a greater level of stability, services and supports than are available in hotel accommodation, while move-on options to long-term independent living are identified and secured. 

All the agencies involved will continue to remain focused in the months ahead on the achievement of the mid-year hotels target.

Wastewater Treatment

Ceisteanna (15)

Shane Cassells

Ceist:

15. Deputy Shane Cassells asked the Minister for Housing, Planning, Community and Local Government the immediate steps he will take to address the anomaly whereby members of Irish Water and local authorities will not enter the grounds of private dwellings to deal with wastewater issues; and if he will make a statement on the matter. [16814/17]

Amharc ar fhreagra

Freagraí scríofa

With effect from 1 January 2014, Irish Water is responsible for delivering public water services. Irish Water is also responsible for water services infrastructure including water supply pipes or drainage pipes extending from a waterworks or wastewater works to the curtilage of a private property. 

Under sections 43 and 54 of the Water Services Act 2007, responsibility for maintenance and replacement of any water or wastewater pipes, connections or distribution systems that are located within the boundary of a private property rests with the owner. This was the position that pertained prior to the establishment of Irish Water, when individual local authorities held responsibility for public water services and infrastructure.

While the legal position is set out in the 2007 Act, my Department is engaging with Irish Water to set out clearly the responsibilities of both Irish Water and property owners in relation to water supply and wastewater infrastructure.

Local and Community Development Programme

Ceisteanna (16, 63)

Shane Cassells

Ceist:

16. Deputy Shane Cassells asked the Minister for Housing, Planning, Community and Local Government the steps he is taking in conjunction with the Minister for Children and Youth Affairs to create community centres and facilities in newly created high density urban areas in which there is a complete dearth of facilities and lack of amenities for young persons; the funding in place to both construct and staff community buildings; and if he will make a statement on the matter. [15205/17]

Amharc ar fhreagra

Thomas Byrne

Ceist:

63. Deputy Thomas Byrne asked the Minister for Housing, Planning, Community and Local Government if he will address the need for greater community and sports facilities in new towns and villages across the country in the context of the Ireland 2040 plan and suitable planning. [17113/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 16 and 63 together.

My Department does not currently operate any scheme or programme which would fully fund the construction of a community centre or similar facilities.

However, the provision of community facilities and amenities for younger people is addressed within the local authority planning and development process by co-ordinating the functions of various statutory bodies, local and voluntary groups, local authority own resources and proposals for local development.

The importance of creating sustainable communities is recognised in the National Planning Policy Statement published in 2015. In addition, national-level policy approaches in relation to residential densities in urban areas are set out in my Department’s Guidelines for Planning Authorities on Sustainable Residential Development in Urban Areas, which place a heavy emphasis on the importance of provision of public infrastructure, such as public transport, community and sports facilities.

Furthermore, progression of the forthcoming National Planning Framework, to be entitled Ireland 2040: Our Plan, will further clarify and enhance urban development policy in this area, for example in relation to identifying the potential to sustainably build up the economic vitality, population levels and supporting social and physical infrastructure of town centre and inner urban areas that in many cases have witnessed a sustained movement of people outwards to suburban and wider settings.

My colleague, Minister of State Catherine Byrne,  recently launched the Communities Facilities Scheme, under which €2m is being made available this year to fund projects that seek to enhance communities, address disadvantage and improve social cohesion at a local level. The Scheme is being managed at a local level by the Local Community Development Committees (LCDCs) in conjunction with the Municipal Districts, under the remit of the local authorities.

I would also stress that the most appropriate forum for working through and resolving the issues raised by the Deputy is at local authority level. Within local authorities, the local elected members play a crucial role in addressing the issues raised by the Deputy, through identifying local social and community infrastructure requirements and the mechanisms to address these through  implementing statutory development plans and local economic and community plans, harnessing resources from local authority own finances, centrally voted expenditure and the contribution of the wider community, voluntary and private sectors.

I am confident that, through working with my colleagues in Government and with local authorities, the communities we build into the future will be well planned and provide the relevant facilities to ensure that the mistakes of the past are not repeated and that the building up of strategic urban areas will take account of the key need for appropriate community facilities.

Repair and Leasing Scheme

Ceisteanna (17)

Peter Burke

Ceist:

17. Deputy Peter Burke asked the Minister for Housing, Planning, Community and Local Government the way in which the repair and lease scheme will be rolled out across the country; when local authorities will be informed and authorised on implementing the scheme; his plans to expedite this process due to huge demand in counties such as Longford and Westmeath; and if he will make a statement on the matter. [16813/17]

Amharc ar fhreagra

Freagraí scríofa

The Repair and Leasing Scheme (RLS) has been developed, under Pillar 5 of Rebuilding Ireland, to assist private property owners and local authorities or Approved Housing Bodies (AHBs) to harness the accommodation potential that exists in certain vacant properties across Ireland. The scheme is targeted at owners of vacant properties who cannot afford or access the funding needed to bring their properties up to the required standard for rental property.  Following on from the success of the initial Repair and Leasing pilot in Waterford and Carlow local authorities, the pilot scheme was expanded on a national basis from 23 February 2017.

In the period since the launch of the scheme, my Department has been engaging bilaterally with local authorities and AHBs and has convened the first of two planned workshops for local authority and AHB staff. My colleague, Minister of State English also recently met with the 4 Dublin Local Authorities and interested AHBs on my behalf, to create momentum behind the scheme in Dublin and to encourage early co-operation across all stakeholders. A Circular setting out the framework for delivery of the scheme issued to all local authorities on 28 March 2017 and a detailed guidance document, template legal agreements and other resources are now available to local authorities and AHBs.

Local authorities have been invited to apply for delegated sanction from my Department to enter into leasing arrangements for a defined number of units under the scheme. The RLS has been designed to draw on the expertise and experience gained by AHBs on social housing acquisitions and leasing in recent years and it is open to local authorities to work in collaboration with AHBs in their areas to maximise the potential impact of the scheme. However, local authorities will retain overall responsibility for the implementation of the scheme in their area and for ensuring that housing units brought into use under the scheme are required and fulfil social housing demand in their areas.

In recognition of both the critical demand for additional units and the potential the RLS scheme has to offer, I have assigned additional funding to the scheme in 2017, bringing the total amount of investment available this year to €32m, which will facilitate up to 800 vacant properties being brought back into use as new homes for families on local authority waiting lists. 

Rent Controls

Ceisteanna (18)

Jan O'Sullivan

Ceist:

18. Deputy Jan O'Sullivan asked the Minister for Housing, Planning, Community and Local Government if he will review the criteria used to designate areas as rent pressure zones, particularly the use of local electoral areas, LEAs, in view of the fact the basis for calculating qualification makes it difficult for certain portions of LEAs to qualify, even if they are experiencing high rental increases; and if he will make a statement on the matter. [16797/17]

Amharc ar fhreagra

Freagraí scríofa

When rent pressure zones were introduced in Dublin and Cork in December last year, only Housing Authority areas could be designated as rent pressure zones because the necessary information on rents was not available to decide whether smaller administrative areas met the criteria for designation.  At that time, I made a commitment that my Department would work with the Residential Tenancies Board (RTB) to ensure that more refined data was available to allow for more specific targeting of the measure to other areas of the country where severe pressures were being experienced.

Close collaboration between the RTB and the Economic and Social Research Institute (ESRI) has resulted in the revision and development of the methodology for producing the RTB's Rent Index so that we can now use the RTB data to calculate and monitor changes in average rents at the level of Local Electoral Areas (LEAs). The new approach recognises that the same pressures do not apply equally in all parts of the country.  It provides a significantly more detailed understanding of market behaviour in the rental sector and an objective evidence base required to appropriately target the Rent Predictability Measure introduced last year and designate the correct areas as Rent Pressure Zones.

The new methodology allowed me to make an order on 26 January 2017 designating 12 Local Electoral Areas as rent pressure zones in parts of counties Cork, Galway, Kildare, Meath and Wicklow.  On 29 March 2017, I made a further two orders designating Maynooth and Cobh.  Altogether, some 57% of tenancies nationally are now located in rent pressure zones. 

The legislation only allows for Housing Authority areas or Local Electoral Areas to be designated as rent pressure zones.  For the purposes of the Act, ‘area’ is defined as either the administrative area of a housing authority or a local electoral area within the meaning of section 2 of the Local Government Act 2001. There is no provision for any other type of area to be designated as a Rent Pressure Zone.

I have undertaken to carry out a review, in June this year, of the Rent Predictability provisions introduced under the Planning and Development (Housing) and Residential Tenancies Act 2016. At that point, the provisions will have been in place for 6 months and it will be possible to ascertain their effectiveness and whether any changes need to be made. The issues the Deputy raises in relation to the areas that can be designated as rent pressure zones will be considered in the context of that review.

Rent Controls

Ceisteanna (19, 28)

John Brady

Ceist:

19. Deputy John Brady asked the Minister for Housing, Planning, Community and Local Government the reason his Department omitted Greystones, County Wicklow from the rent pressure zones list; and if he will make a statement on the matter. [17115/17]

Amharc ar fhreagra

Brian Stanley

Ceist:

28. Deputy Brian Stanley asked the Minister for Housing, Planning, Community and Local Government if he will review the decision not to impose rent caps in County Laois and the remainder of County Kildare. [16818/17]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 19 and 28 together.

The Planning and Development (Housing) and Residential Tenancies Act 2016 lays out the process through which rent pressure zones can be designated.  It provides that the Housing Agency, in consultation with housing authorities, may make a proposal to the Minister that an area should be considered as a Rent Pressure Zone. Following receipt of such a proposal, the Minister requests the Director of the Residential Tenancies Board (RTB) to conduct an assessment of the area to establish whether or not it meets the criteria for designation and to report to the Minister on whether the area should be designated as a Rent Pressure Zone.

On 24 January 2017, the Housing Agency proposed that 15 Local Electoral Areas, including Greystones, should be considered for designation as rent pressure zones. On foot of the proposal from the Housing Agency, again in accordance with the Act, I requested the Director of the RTB to make a report to me as to whether these areas met the criteria for designation as Rent Pressure Zones.

On 26 January 2017, I received a report from the RTB confirming that, based on rent data from Quarter 3 2016, 12 out of the 15 Local Electoral Areas examined met the criteria and I made Orders designating those 12 areas as Rent Pressure Zones on 26 January 2017.  In relation to Greystones, the RTB reported that, although the average rent there was above the average national rent, annual rent inflation had not been above 7% in four of the previous six quarters.  Accordingly, Greystones could not be designated a rent pressure zone.

On 29 March the RTB published the Rent Index Report in relation to Quarter 4 2016, which includes a summary of the data used as the criteria for designating rent pressure zones in relation to all Local Electoral Areas in the country, allowing all interested parties to see exactly where their area stands in relation to rents and possible designation.  On the basis of this data  and in accordance with the procedures set out in the Act, I signed orders designating Maynooth and Cobh Rent Pressure Zones with effect from 30 March 2017.

The most recent data shows that no other local electoral areas meet the criteria for designation at this time. The average rent in Greystones is above the national average, but the annual increase in rents in Greystones has been less than 7% in four of the last six quarters.  In Athy, the only Local Electoral Area in Kildare that is not a Rent Pressure Zone, and in all of Laois, the average rent is well below the national average. Currently none of these areas can be designated.

Under the Act, I have no further role or discretion in proposing areas for designation as Rent Pressure Zones or in deciding whether they should be designated. The designation process is independent and based on clear objective criteria and quantifiable evidence.

The Housing Agency will continue to monitor the rental market and may recommend further areas for designation. Where, following the procedures set out in the Act, it is found at a future date that additional areas meet the criteria, they will be designated as Rent Pressure Zones.

I have undertaken to carry out a review, in June this year, of the Rent Predictability provisions introduced under the Planning and Development (Housing) and Residential Tenancies Act 2016. At that point, the provisions will have been in place for 6 months and it will be possible to ascertain their effectiveness and whether any changes need to be made to, for example, the qualifying criteria or the designation process.

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