Written Answers Nos. 794-810
794. Deputy Róisín Shortall asked the Minister for Housing, Planning, Community and Local Government his plans to provide for maternity leave and paternity leave for councillors and to make arrangements for co-option in such cases. [32171/17]
Amharc ar fhreagraSection 18(4) of the Local Government Act 2001, as amended, provides that councillors may be absent from meetings of a local authority for up to 6 months, either on health grounds or for another reason in good faith, and retain their seats subject to a resolution of the elected members of the Council. This period may be extended to 12 months, upon the passing of a resolution by the elected members of the Council, and to 18 months, again upon the passing of a resolution by the Council.
Councillors receive a representational payment of €16,645 per annum to support them in carrying out their reserved functions. A councillor who is absent for a period of up to 6 months is entitled to continue to receive the full amount of the representational payment for so long as he or she continues to be a member of their local authority. Councillors who are absent for a period exceeding 6 months may continue to receive 50% of the representational payment for the next succeeding 6 months. No further payments are made for uninterrupted absences that exceed 1 year in duration.
Section 19 of the Act provides for the filling of casual vacancies in the membership of local authorities. A casual vacancy occurs when a person ceases to be a member of a local authority and is filled by co–option whereby the former elected member’s political party may nominate a suitable replacement. However, co-option does not apply in circumstances where a councillor is on a long-term absence as he or she continues to hold their seat in absentia.
As it is not possible for two persons concurrently to hold the same seat as public representatives, it would be necessary for an incumbent councillor to resign their seat in order for co-option to be applied. Under the existing statutory provisions it is possible for a resigning councillor, with the agreement of their political party, to resume their seat at a later date via the same co-option mechanism following the resignation of their co-opted replacement.
795. Deputy Charlie McConalogue asked the Minister for Housing, Planning, Community and Local Government if Irish Water will review a charge for a person (details supplied) in County Donegal; if he will request that Irish Water meet the person to discuss alternative options; and if he will make a statement on the matter. [32204/17]
Amharc ar fhreagraSince 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. Water mains are an operational matter for the utility and one in which I have no function.
Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email at oireachtasmembers@water.ie or by telephone on a dedicated number, 1890 578 578.
Furthermore, the Commission for Energy Regulation (CER) has a statutory responsibility to provide a complaints resolution service to Irish Water customers who have an unresolved dispute with the utility. A Customer Care Team has been setup within the CER to deal directly with customers who have complaints. Further information about CER's complaints procedure is available on their website at http://www.cer.ie/customer-care/water/complaints./
796. Deputy Michael Healy-Rae asked the Minister for Housing, Planning, Community and Local Government the status of a village boundary as set out in a local plan in circumstances in which a village plan has expired since 2012; and if he will make a statement on the matter. [32234/17]
Amharc ar fhreagraDevelopment boundaries, as set in statutory development plans and local area plans, indicate a general outline of the intended form of the relevant city, town or village from a planning policy perspective.
The making of a Local Area Plan (LAP) is a reserved function of the elected members of the Council. Under section 18 of the Planning and Development Act 2000 (as amended), a LAP must indicate the period for which the plan is to remain in place.
LAPs normally last for six years. However, section 19 of the Act states that not more than 5 years after the making of a LAP, a planning authority may, subject to meeting certain requirements, defer the start of the review process for up to a further five years. The relevant requirements in this regard include that the LAP remains consistent with the objectives and core strategy of the relevant city or county development plan and that the objectives of the LAP have not been substantially secured.
In the circumstances where a LAP has expired and has not been reviewed or renewed, then the relevant plan is no longer a legal document and the development boundaries described therein would have no practical planning policy or legal effect.
797. Deputy Darragh O'Brien asked the Minister for Housing, Planning, Community and Local Government the progress with the review and updating of the building standards and building classifications being carried out by his Department, taking into account the current difficulties with obtaining green certificates for homes with negligible pyrite levels; when the review will be completed; and if he will make a statement on the matter. [32246/17]
Amharc ar fhreagraThe Report of the Pyrite Panel (June 2012) recommended a categorisation system as a means of prioritising pyrite remediation works in recognition of the expensive and intrusive nature of pyrite remediation and the unpredictability of pyritic heave. The independent Pyrite Panel was clear in its view that only dwellings with significant damage due to pyritic heave (i.e. red category) should be remediated and that it would be unreasonable to expect dwellings not exhibiting such damage to be remediated. Dwellings which have no significant damage but have reactive pyrite in the hardcore material (i.e. amber category) should be monitored and only remediated if they display significant damage due to pyritic heave. This remains the position with regard to dwellings which do not display significant pyritic damage.
In response to this recommendation, I.S. 398-1:2013 - Reactive pyrite in sub-floor hardcore material – Part 1: Testing and Categorisation, was published by the National Standards Authority of Ireland in late January 2013, and provides the means by which dwellings, that may be affected by pyrite can be tested and categorised. In broad terms, the national standard sets out a two-step process to facilitate the testing and categorisation of dwellings.
The first step requires that a Building Condition Assessment be carried out; this comprises a desktop study and a visual non-invasive internal and external inspection of a dwelling to establish the presence or absence of visible damage that is consistent with pyritic heave and to quantify the extent and significance of such damage in that dwelling. A Damage Condition Rating of 0, 1 or 2 can be assigned to a dwelling under this process.
The second step involves the sampling and testing of the sub-floor hardcore material and is informed by the assignment of the Damage Condition Rating under the Building Condition Assessment process. At the conclusion of this two-step process, buildings may be categorised under I.S. 398-1:2013 into four categories which are broadly consistent with the traffic light system that was used by the Pyrite Panel as a means of prioritising pyrite remediation works.
Dwellings which have been tested and the hardcore is shown not to be susceptible to expansion are classified as Category A (known as a “green” certificate). These dwellings have a negligible risk of pyrite damage given the testing has demonstrated that the hardcore is not susceptible to expansion; any damage that may be visible in such dwellings is likely to be attributable to other causes. The other classifications under the standard are:
- Category B – these buildings are at risk but have a low potential of future damage from pyritic heave;
- Category C – these buildings are at risk and have a significant potential of future damage from pyritic heave; and
- Category D – these buildings have a Damage Condition Rating of 2 (i.e. significant pyritic damage), or have a Damage Condition Rating of 1 (with progression), and hardcore susceptible to significant or limited expansion.
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. In this regard, 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. This ensures that, having regard to available resources, the focus of the scheme is on dwellings which are most severely damaged by pyritic heave. Dwellings which do not have a Damage Condition Rating of 2 are not eligible to apply under the scheme. I have no proposals to amend this eligibility criterion.
In late 2015, the National Standards Authority of Ireland commenced a review of I.S. 398-1:2013 in the light of practical experience since the standard was first introduced in January 2013. The standard is being updated and revised to reflect the on-site experiences and evidence gathered by technical experts, such as engineers, geologists, professionals providing sampling and testing services and other technical experts, who have been using the standard over the past four years. A public consultation on the revision of I.S. 398-1:2013, took place in late 2016. My Department understands that it is anticipated that the revised standard will be published later this year.
With regard to the issue of Category A (known as a “green” certificate), a dwelling is categorised in accordance with I.S. 398-1:2013 on the basis of the findings from the Building Condition Assessment and hardcore classification.
Annex F of I.S. 398-1:2013, provides for a Certificate of Building Categorisation for Reactive Pyrite in sub-floor hard-core material. Category A is assigned in respect of dwellings that have been assessed, at the request of the homeowner, in accordance with I.S. 398-1:2013 and are considered have a negligible risk of pyrite damage. The issuing of such certificates is a matter entirely for the homeowner and the professional they engage and it is not part of the pyrite remediation scheme.
Where a dwelling has been remediated under the scheme, at the end of the remediation works, each dwelling is provided with a Certificate of Remediation for Reactive Pyrite in Sub-floor Hard-core Material, which is completed jointly by the relevant builder and the design professional in accordance with Annex B to I.S. 398-2:2013. The certificate confirms that the dwelling has been remediated to the requirements set out in the national standard and the issue of a green certificate does not arise.
798. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government the efforts his Department has made to work with the voluntary housing sector; if he has developed a central co-ordination support section to work with the voluntary sector; if it has examined the establishment of a special purpose vehicle to provide long-term finance for the sector as promised in the programme for Government; and if he will make a statement on the matter. [32260/17]
Amharc ar fhreagraHaving regard to the Government’s commitment under the Rebuilding Ireland Action Plan for Housing and Homelessness, published in July 2016, the Housing Agency has established a one-stop-shop unit for the voluntary housing sector with the objective of better coordinating delivery of housing by this sector across all local authority areas. This unit will liaise closely with Approved Housing Bodies (AHBs), my Department and local authorities.
The Action Plan emphasises the need to look at new ways of funding social housing delivery, in particular the need to provide structural, funding and policy supports to increase delivery of social housing by AHBs. In that context, it states that support will be provided to the Irish Council for Social Housing to develop a AHB sector-led new special purpose vehicle.
Funding for the Irish Council for Social Housing totalling some €49,000 to support this initiative was announced on 15 May 2017. The funding is being made available to the Council to establish a sector-led financial vehicle to allow AHBs to expand and to facilitate the delivery of additional housing units. This funding was approved under the AHB Innovation Fund and was part of a total of €104,043 that was allocated across a number of AHBs. The Innovation Fund was established, in line with the commitment made in Rebuilding Ireland, to provide AHBs with the means to test innovative ideas on new funding structures and to build capacity.
799. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the unallocated spend within his Department for 2017; the expenditure allocated to programmes in 2017 which are due to cease in 2017; the funds that will become available within his Department's expenditure profile in 2018 due to changes in demand for services and goods and or changes to costs within his Department; and if he will make a statement on the matter. [32303/17]
Amharc ar fhreagraAll funds made available to my Department through the budgetary and estimates processes for 2017 have been allocated to specific expenditure programmes as set out in Revised Estimates for Public Services 2017 published by the Department of Public Expenditure and Reform.
While the need for, and objectives of, expenditure programmes are kept under regular review, there are at present no specific programmes being funded from my Department's Vote for 2017 that are due to cease operation in the short-term. Similarly, it is not anticipated that significant programme resources will become available from within my Department's existing expenditure profile in 2018 through the impact of demand or cost factors. Indeed, in relation to housing, additional funding requirements are recognised and provided for in the €5.35 billion of funding committed to under the Rebuilding Ireland Action Plan on Housing and Homelessness for the period to 2021.
800. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government the steps his Department has taken to seek planning reforms to incentivise the use of under utilised or vacant areas over ground floor premises in towns, for both residential and commercial use; and if he will make a statement on the matter. [32316/17]
Amharc ar fhreagraThe Programme for a Partnership Government includes a commitment to examine reclassifying and incentivising the use of under-utilised or vacant areas over ground-floor premises in urban areas, for both residential and commercial use. Similarly, a key objective of Pillar 5 of the Rebuilding Ireland Action Plan for Housing and Homelessness is to ensure that the existing housing stock is used to the maximum degree possible and focuses on measures to use existing vacant stock to renew urban and rural areas.
Specifically, Action 5.9 of Rebuilding Ireland commits to reviewing planning legislation to allow the change of use of vacant commercial units in urban areas, including vacant or under-utilised areas over ground-floor premises, into residential units without having to go through the planning process. This proposal is also incorporated in Action 6 of the Action Plan for Rural Development, launched in January 2017.
My Department is presently progressing the drafting of the necessary revisions to the planning regulations to give effect to this action and it is intended that the new regulations, which will require the approval of both Houses of the Oireachtas, will be made as soon as possible.
801. Deputy Mattie McGrath asked the Minister for Housing, Planning, Community and Local Government the steps being taken to assist those that have been approved for the housing assistance payment and that cannot source private rented accommodation; if his attention has been drawn to the Government commitment to improve the security of tenure for HAP tenants; the options available to those that cannot even source an initial rental property; if he will carry out a review into the numbers of persons that have been approved for HAP but are unsuccessful in sourcing accommodation; if he has satisfied himself with the housing assistance payment scheme as being an effective means of delivery for tenants; and if he will make a statement on the matter. [32318/17]
Amharc ar fhreagraThe Housing Assistance Payment (HAP) is a flexible and immediate housing support that is now available to all eligible households throughout the State. The increased rent limits introduced by the Government last year, together with the additional discretion available to local authorities to exceed the maximum rent limit where necessary, are allowing HAP households to find suitable accommodation and willing landlords. On average in 2017, 333 additional tenancies are being supported by HAP each week, with just over 24,000 households currently having their housing needs met via HAP and some 18,000 separate landlords and agents currently in receipt of monthly HAP payments. Particular additional targeted supports are available to homeless households in the Dublin and Cork City regions to assist them in finding accommodation in the private rental market, with the support of HAP.
HAP supported tenancies are agreed between the landlord and the tenant; the local authority is not a party to the tenancy and has no role in its agreement. There is no limitation placed by the scheme on the length of tenancy that can be supported by HAP. However, as with other private rental tenancies, the Residential Tenancies Act 2004 (as amended), governs the relationship between landlord and tenant and the length of the tenancy is a matter that must be agreed between the landlord and tenant in that context.
The Strategy for the Rental Sector, published in December 2016, recognises that high and rapidly rising rents is the most significant and immediate threat to the accommodation security of many households. For this reason the Government introduced the Rent Predictability Measure and established the system of Rent Pressure Zones to moderate the rise in rents in the parts of the country where rents are highest and rising. In these areas, for a period of three years, rents may only rise by a maximum of 4% annually. The practical effect of the measure is that for the next three years, rents, for more than 186,000 households, who currently rent their homes in these areas, will be lower than they would have been if market rents had continued to apply. Rents paid under the HAP scheme are subject to the same measure.
The Planning and Development (Housing) and Residential Tenancies Act 2016, which introduced the Rent Predictability Measure with effect from 24 December 2016, also gives effect to other actions to address tenants’ security:
- The abolition of a landlord’s right, during the first 6 months of a further Part 4 tenancy, to end that tenancy for no stated ground;
- The extension of the term of Part 4 tenancies from 4 to 6 years;
- Where a landlord proposes to sell 10 or more units within a single development at the same time, the sale will be subject to the existing tenants remaining in situ, other than in exceptional circumstances.
My Department has initiated a review of the Rent Predictability Measure. At this stage, the measure has been in place for 6 months and data from the Residential Tenancies Board’s Rent Index Report for Quarter 1 2017 is also available. Using this latest data, it will be possible to ascertain the effectiveness of the Rent Predictability Measure and whether any changes need to be made.
I am satisfied that the HAP scheme is generally working well but I will keep its operation under on-going review, including considering its effectiveness as a social housing support, and the impact of the Rent Predictability Measure on Social Housing Supports, including HAP, as part of the current review.
Question No. 802 answered with Question No. 789.
803. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the status of the ringfenced funding of €10 million in 2016 under the CAS, specifically for the provision of accommodation for persons with disabilities transitioning from congregated settings as mentioned on page 55 of Rebuilding Ireland; the areas in which this funding was utilised; and the number of housing units delivered. [32360/17]
Amharc ar fhreagraRing-fenced funding of €10 million was made available in 2016 under the Capital Assistance Scheme (CAS) to support the provision of accommodation for persons with disabilities transitioning from congregated settings. However, take-up was slow, with €2.1 million being approved that year towards accommodation in counties Donegal, Galway, Kildare and Offaly for 20 people who had moved out of congregated settings.
Given the slow take up in 2016, my Department will continue to provide funding in 2017 and beyond to support accommodation for persons transitioning from congregated settings. My Department is also working with the HSE to develop revised guidelines to support increased take-up of available CAS funding for this area of need, in the light of the experience to date.
804. Deputy John Brady asked the Minister for Housing, Planning, Community and Local Government if he has copies of the reports produced following the fire tragedies in the Oldcourt Estate, Bray, County Wicklow (details supplied); if so, if he will furnish copies of such reports; and if he will make a statement on the matter. [32362/17]
Amharc ar fhreagraIn 2006, following a number of fires in the Oldcourt Estate, Bray, Co. Wicklow, which resulted in fatalities, Bray Town Council engaged consultants to carry out a condition survey of houses in the estate to include matters relating to fire safety.
In 2007, the Council provided my Department with a copy of the reports referred to by the Deputy and sought funding support for certain improvement works on houses in the Oldcourt Estate. My Department continues to provide funding for the continuation and completion of the necessary upgrade works in the Oldcourt Estate. In relation to furnishing the Deputy with copies of reports, which were commissioned by Bray Town Council, I trust the Deputy will appreciate that the release and circulation of such reports is a matter for the Council.
805. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government if the homeless families accommodated in the family hubs are recorded on the PASS system; and if they are included in his Department's monthly homeless report. [32366/17]
Amharc ar fhreagraOfficial homeless reports are published on my Department's website and can be accessed using the following link: http://www.housing.gov.ie/housing/homelessness/other/homelessness-data.
These reports are based on data provided by housing authorities and produced through the Pathway Accommodation & Support System (PASS), the single integrated national data information system on State-funded emergency accommodation arrangements overseen by housing authorities. These reports are published on a monthly basis capturing details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities.
Given that the new family-focused supported temporary accommodation facilities referred to in the Question are overseen emergency accommodation facilities, the details of households accommodated in such arrangements will be reflected in the monthly reports published by my Department.
806. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the allocation for Traveller accommodation in 2017; the amount of funding drawn down from this budget to date; and the amount his Department expects to draw down by the end of 2017. [32367/17]
Amharc ar fhreagraIn accordance with the Housing (Traveller Accommodation) Act 1998, housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.
In 2014, local authorities adopted the fourth round of Traveller Accommodation Programmes, with the five-year rolling accommodation programmes running from 2014 to 2018. These programmes provide a road map for local authority investment priorities over the period. They also form the basis for the allocation of funding from the Department for Traveller accommodation, on foot of proposals received from local authorities and subject to approval from my Department.
Capital funding of €9m for Traveller-specific accommodation is being provided in 2017, an increase of €3.5m (64% increase) on the 2016 allocation. This is the third consecutive year that the Traveller Accommodation capital budget has been increased. Based on claims received, over €800,000 has been recouped to Local Authorities to date in 2017. Experience in previous years suggests that capital spend on traveller accommodation projects is generally more heavily concentrated in the second half of the year.
My Department also provides current funding for accommodation-related supports to operate in tandem with the capital programme. Current funding of €4.3m is being provided in 2017. Over €1.9m has been recouped to local authorities in 2017 to date.
My Department will seek to ensure, as far as possible, that the 2017 funding is fully utilised. Expenditure during the year is closely monitored and where potential savings are identified, funding will be reallocated to other schemes.
807. Deputy Eoin Ó Broin asked the Minister for Housing, Planning, Community and Local Government the amount allocated from his Department to fund homeless services in 2017; the additional allocation to homeless services allocated by the local authorities; the amount spent to date on homeless services; and the expected final expenditure on homeless services by the end of 2017. [32368/17]
Amharc ar fhreagraIn 2017, current funding totaling €97.8 million is being made available by my Department for homeless services overseen by housing authorities, under Section 10 of the Housing Act 1988. The level of funding available from my Department for homelessness services has grown by some 55% since 2014 when €45 million was provided to housing authorities.
It should be noted that housing authorities must provide at least 10% of the cost of any funded services from their own resources. Furthermore, housing authorities may also incur additional expenditure on homeless related services outside of the Section 10 funding arrangements that apply. Therefore, the exact amounts to be spent by housing authorities on homeless services are a matter for those authorities.
To date this year, my Department has made payments of almost €28 million in homeless services funding to housing authorities. I expect the full national allocation to be utilised in 2017 and I will, of course, continue to keep the funding needs of the various authorities under review on an ongoing basis.
Question No. 809 answered with Question No. 789.
810. Deputy Catherine Murphy asked the Minister for Housing, Planning, Community and Local Government if housing developments that are either fully or partially used as holiday homes are excluded from the taking in charge process; if so, the criteria for excluding them; and if he will make a statement on the matter. [32389/17]
Amharc ar fhreagraThe taking-in-charge of residential estates by planning authorities is provided for under section 180 of the Planning and Development Act 2000, as amended, and applies to developments which include the construction of two or more houses and the provision of new roads, open spaces car parks, sewers, water mains or service connections relating to such development.
In relation to estates which have been completed to the satisfaction of the planning authority in accordance with the planning permission, section 180(1) of the 2000 Act provides that the planning authority must, if requested to do so by the developer or by the majority of the owners of the houses involved, initiate the taking-in-charge procedures set out in section 11 of the Roads Act 1993. Under section 3 of the 2000 Act, a “house” means a building or part of a building which is being or has been occupied as a dwelling or was provided for use as a dwelling but has not been occupied, and where appropriate, includes a building which was designed for use as two or more dwellings or a flat, an apartment or other dwelling within such a building.
The taking-in-charge provisions in section 180 of the Act do not distinguish between the various uses of dwellings. However, it should be borne in mind that many holiday-home type accommodation complexes were purpose designed and constructed and approved as dedicated tourism accommodation complexes sharing communal facilities and would normally be subject to planning conditions requiring their onward operation, management and maintenance as a commercial development rather than a residential estate, including the use of management company type arrangements. In such circumstances, taking-in-charge of such developments would not normally arise and any planning conditions relating to maintenance arrangements would be a compliance matter for the relevant owner or operator and for enforcement by the relevant local authority.
