Written Answers Nos. 131-138
131. Deputy Clare Daly asked the Minister for Housing, Planning, Community and Local Government if he has satisfied himself that current regulations and guidelines for wind energy development are fit for purpose; his plans to revise the current guidelines and regulations; and if he will make a statement on the matter. [22312/17]
Amharc ar fhreagraSince May 2016, 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 Wind Energy Development Guidelines relating to noise, setback distance and shadow flicker, recognising the need to bring the review to a close and provide certainty on the matter to all stakeholders, local authorities, the energy sector and the wider community.
In light of the commitment in the Programme for a Partnership Government to finalise the Guidelines and on-going policy and legal developments in this area, my Department, in conjunction with the Department of Communications, Climate Action and the Environment, is continuing to advance work on the Guidelines and related matters in order to bring the various issues to a conclusion as early as possible.
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 should be noted that as part of the overall review, and having regard to a recent ECJ Judgement on the Belgian/Wallonian wind energy guidelines, it is proposed 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.
SEA is a process by which environmental considerations are required to be fully integrated into the preparation of plans and programmes which act as frameworks for development consent, prior to their final adoption, with public consultation as part of that process.
In light of the SEA requirement, 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. In the meantime, the current Guidelines remain in force.
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.
132. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government if his Department, or a body under its aegis, can provide figures on the number of professionals removed from professional registers maintained by Engineers Ireland, the RIAI and the SCSI in each year since 2000; and the general reasons for these removals. [22225/17]
Amharc ar fhreagraThe title of Chartered Engineer is protected by the Institution of Civil Engineers of Ireland (Charter Amendment) Act 1969, while the Building Control Act 2007, among other things, provides for the registration of persons entitled to use the professional titles of Architect and Building Surveyor.
Neither I nor my Department has any direct role in the operation of these registers.
This is a matter for the professional bodies who have been designated as the relevant competent registration authorities for the purposes of European and National law, namely Engineers Ireland (EI) in respect of the engineering profession, the Royal Institute of Architects of Ireland (RIAI) in respect of the architectural profession and the Society of Chartered Surveyors of Ireland (SCSI) in respect of the surveying professions.
133. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number and percentage of developments that are exempt or availing of the opt out clause under the building control regulations including new single dwellings, domestic extensions greater than or equal to 40m2 and extensions of less than 40m2 that have been inspected in each local authority since the introduction of the Building Control (Amendment) Regulations in September 2015; the local authorities which have inspected less than 12% to 15% of validly commenced building units; and if inspecting less than this percentage of exempted or opt out developments is considered a breach of their statutory responsibilities under the Building Control Act 1990. [22226/17]
Amharc ar fhreagra135. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of building inspections by building control authorities of multi unit dwellings carried out in each local authority in each of the years 2015 to 2016. [22228/17]
Amharc ar fhreagra136. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the way in which his Department monitors that building control authorities are fulfilling their roles as described in section 3.6.1 of the Code of Practice for Inspecting and Certifying Buildings and Works (details supplied); and the way his Department measures an appropriate level of assessment and inspection. [22229/17]
Amharc ar fhreagraI propose to take Questions Nos. 133, 135 and 136 together.
In relation to the Deputy's request, the matters referred to are matters for local authorities, who are independent in the use of their statutory powers under the Building Control Acts 1990 - 2014.
In line with the agreed Performance Indicators for Local Government, Building Control Authorities are required to carry out a level of inspection equivalent to 12% to 15% of new buildings for which valid commencement notices have been received and the National Oversight & Audit Commission (NOAC) report for 2015 provides that the median figure for all local Building Control Authorities was 24%.
The Local Government Management Agency collected data on inspections carried out up to 2013 and published this information in the Service Indicators in Local Authorities reports from 2005 to 2013. These reports are available at http://www.lgma.ie/en/publication-category/service-indicator-reports-2004-2010.
Following the commencement of the Local Government Reform Act 2014, the (NOAC) now collects and publishes this data. The Performance Indicators in Local Authorities reports for 2014 & 2015 are available at http://noac.ie/noac-reports/. The 2016 report will be published in due course once it is finalised.
134. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the number of notifications by a building control authority to builders that a commencement notice does not comply with article 9 of the Building Control Regulations, as provided for under section 8 subsection (b) of the Building Control Regulations, in each year since the Building Control Amendment 2014. [22227/17]
Amharc ar fhreagraIn relation to the Deputy's request, the issue referred to is a matter for local authorities, who are independent in the use of their statutory powers under the Building Control Acts 1990 - 2014.
The Building Control Management System (BCMS) provides a common platform for clear and consistent administration of building control matters across the local authority sector. The BCMS is an IT enabler, set up to facilitate building control authorities, building owners, builders and construction professionals in discharging their separate responsibilities under the Building Control Act 1990.
My Department is not involved in the day to day operation of this system. However, it collates and publishes a range of housing and planning statistics, including information on Commencement Notices, which are available on the Department's website at http://www.housing.gov.ie/housing/statistics/house-building-and-private-rented/construction-activity-starts.
In addition, Building Control Authorities are required to keep certain information pertaining to building works that come under the Building Control Regulations 1997-2015 on a statutory register, including particulars in relation to Commencement Notices and Declarations of Intention to Opt Out of Statutory Certification. BCMS is centrally hosted by the Local Government Management Agency (LGMA) on behalf of the 31 Local Authorities and has enabled this information to be hosted on a central nationwide register, readily available and updated quarterly at https://www.localgov.ie/en/link-type/bcms.
137. Deputy Barry Cowen asked the Minister for Housing, Planning, Community and Local Government the estimated percentage of construction industry professionals and tradespersons active in the market here that have signed up to the Construction Industry Register Ireland to date. [22230/17]
Amharc ar fhreagraThe Construction Industry Register Ireland (CIRI) was established by the Construction Industry Federation (CIF) as a voluntary register of builders and contractors and I understand that, to date, approximately 800 building and contracting entities have registered.
The Government signalled its commitment in the Construction 2020 Strategy, and in the Action Plan for Jobs, to place the Construction Industry Register Ireland on a statutory footing. CIRI is viewed as an essential consumer protection measure that will give consumers who engage a registered builder the assurance that they are dealing with a competent and compliant operator. Legislative proposals in this regard are currently being finalised by my Department with a view to the General Scheme of a Bill being presented to Government for consideration shortly.
138. Deputy Tony McLoughlin asked the Minister for Housing, Planning, Community and Local Government the reason for the delay in issuing seaweed harvesting licences; the cause of the issue between legal interface and the current applications; when these applications are likely to be considered; and if he will make a statement on the matter. [22235/17]
Amharc ar fhreagraDuring the course of assessing a number of licence applications to harvest seaweed, it became clear that certain rights to harvest seaweed exist. My Department is in a process of ascertaining, with the assistance of the Attorney General, the legal interface and relationship between these traditional harvesting rights and the current applications. Accordingly, these applications, mostly by companies, are effectively on hold.
When my Department is in a position to bring clarity to the regulatory regime applying to the harvesting of wild seaweed, having regard to the consideration of these legal issues, the applications on hand can come before me for determination.
