Written Answers Nos. 638 - 660
638. Deputy Michael Healy-Rae asked the Minister for Housing, Planning and Local Government the status of the sale of a piece of land (details supplied); and if he will make a statement on the matter. [5946/18]
Amharc ar fhreagraThe piece of land referred to is State Owned Foreshore reclaimed without consent and occupied by the persons named for many years. My Department has been making every effort to ascertain when and by whom the area in question was reclaimed.
Correspondence dated 26 January 2018 was received from the legal advisor to the persons named, offering to purchase the area. However, no agreement has yet been reached to sell this area of foreshore. Ultimately that is a matter for my colleague the Minister for Public Expenditure and Reform to determine.
My Department continues to try to establish the full facts of the case to determine the appropriate next steps. These steps may or may not include recommending to the Minister for Public Expenditure and Reform that the area in question should be sold to the persons named.
639. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on the interpretation of the Planning and Development Regulations 2001 that all houses with four or fewer bedrooms are exempt from needing planning permission to let bedrooms on a short-term basis; and if he will make a statement on the matter. [5984/18]
Amharc ar fhreagra640. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on the interpretation of the Planning and Development Regulations 2001 that all apartments seeking to let bedrooms on a short-term basis need planning permission from the local council; and if he will make a statement on the matter. [5987/18]
Amharc ar fhreagra645. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government if all county councils are holding to the view that a house with four or fewer bedrooms is exempt from the need for planning permission but all apartments are not; and if he will make a statement on the matter. [5993/18]
Amharc ar fhreagraI propose to take Questions Nos. 639, 640 and 645 together.
Under the Planning and Development Act 2000 (as amended), all development, including a material change of use, unless specifically exempted under the Act or the associated Regulations, requires planning permission.
Section 4 of the Act, and Article 6 and Schedule 2 of the Planning and Development Regulations 2001-2017, set out in more detail the various exemptions from the requirement to obtain planning permission. Furthermore, Article 10 of the Regulations provides that certain changes of use, with regard to particular classes of use, are also exempted from the requirement to obtain permission. In this regard, Article 10(4) provides that:
"Development consisting of the use of not more than 4 bedrooms in a house, where each bedroom is used for the accommodation of not more than 4 persons as overnight guest accommodation, shall be exempted development for the purposes of the Act, provided that such development would not contravene a condition attached to a permission under the Act or be inconsistent with any use specified or included in such a permission.".
With regard to the term "house" in Article 10(4), Article 5 of the Regulations provides that “house” does not 'include a building designed for use or used as 2 or more dwellings or a flat, an apartment or other dwelling within such a building'.
In effect, there is no specific exemption in place in relation to apartments where their use is changed from residential to commercial use for short-term tourism letting purposes. A Working Group, comprising representatives from relevant Departments, local authorities, public bodies and other interests in the area, was established in mid-2017 to consider the appropriate regulatory approach to be adopted by the relevant statutory authorities in relation to short-term tourism lettings generally. The draft report of the Working Group is currently being finalised and I will consider its recommendations before initiating a targeted public consultation on the proposals.
Any question as to whether development is or is not exempt from the requirement to obtain planning permission is a matter for the relevant local authority, or An Bord Pleanála on referral, to determine.
641. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on whether there is a need to regulate short-term lettings in houses with four or fewer bedrooms; and if he will make a statement on the matter. [5988/18]
Amharc ar fhreagra642. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government if he plans to regulate short-term lettings in apartments; if so, the details of these plans; and if he will make a statement on the matter. [5989/18]
Amharc ar fhreagra643. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on the lack of legislation involving short-term lettings in apartments; and if he will make a statement on the matter. [5990/18]
Amharc ar fhreagra644. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the number of short-term lettings in County Limerick; and if he will make a statement on the matter. [5991/18]
Amharc ar fhreagra646. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his views on whether county councils with a larger homelessness problem should have stricter rules and regulations regarding short-term lettings; and if he will make a statement on the matter. [5994/18]
Amharc ar fhreagra648. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government if there is a need to regulate short-term lettings in houses with four or fewer bedrooms; and if he will make a statement on the matter. [6051/18]
Amharc ar fhreagra649. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government his plans to regulate short-term lettings in houses with four or fewer bedrooms; if so, the nature of these plans; and if he will make a statement on the matter. [6052/18]
Amharc ar fhreagra650. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the number of times the working group formed to examine the need for new regulatory arrangements has met; the dates on which the group met; when the group last met; and if he will make a statement on the matter. [6053/18]
Amharc ar fhreagra651. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government when the working group to examine the need for new regulatory arrangements will issue a report recommending the appropriate regulatory approach for short-term lettings; and if he will make a statement on the matter. [6054/18]
Amharc ar fhreagra652. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the person or bodies the working group on the need for new regulatory arrangements consulted during its discussions and research; and if he will make a statement on the matter. [6056/18]
Amharc ar fhreagra653. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government if the working group to examine the need for new regulatory arrangements is examining controlling and reducing short-term lettings; and if he will make a statement on the matter. [6057/18]
Amharc ar fhreagra654. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the number of short-term lettings in Dublin; and if he will make a statement on the matter. [6058/18]
Amharc ar fhreagra655. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the number of short-term lettings in Cork; and if he will make a statement on the matter. [6059/18]
Amharc ar fhreagra656. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the number of short-term lettings in Galway; and if he will make a statement on the matter. [6060/18]
Amharc ar fhreagra657. Deputy Jan O'Sullivan asked the Minister for Housing, Planning and Local Government the issues the working group to examine the need for new regulatory arrangements encountered when developing changes of use of short-term lettings; and if he will make a statement on the matter. [6061/18]
Amharc ar fhreagraI propose to take Questions Nos. 641 to 644, inclusive, 646 and 648 to 657, inclusive, together.
Under Action 18 of the Strategy for the Rental Sector, my Department established in June 2017 a Working Group of all major public stakeholders with a policy interest in Short-Term Lettings, to develop guidance in relation to planning applications, changes of use relating to short-term lettings and to examine the need for new regulatory arrangements.
The proposals under consideration by the Working Group, which has met on 5 occasions to date, are aimed at facilitating short-term letting of accommodation within permanent residences, known as home-sharing, while protecting existing stock of residential property in areas of high demand, safeguarding neighbourhood amenity and consumer protection, and generating revenue to address any negative externalities of short-term letting.
The Working Group is now working on proposals for an appropriate comprehensive regulatory approach for short term tourism-related lettings as well as identification of any necessary amendments to legislation required to give effect to such regulation.
The Group oversaw the preparation of guidance for local authorities to assist them when considering planning applications relating to short-term lettings. My Department issued a circular in this context to all Local Authorities in October 2017, a copy of which is available on my Department's website at the following link:
http://www.housing.gov.ie/sites/default/files/publications/files/circular_pl10_aph3_2017.pdf.
The guidance is an immediate measure intended to ensure that existing planning regulations are adhered to and that they are used appropriately to facilitate genuine home-sharing and to protect the supply of rental accommodation and housing stock. It provides guidance to planning authorities, where an application for planning permission has been made for the purpose of short-term letting.
There is a specific exemption in article 10(4) of the Planning and Development Regulations 2001 for, within certain limitations or restrictions, development consisting of the use of a house for overnight guest accommodation which, therefore, does not require planning permission. This exemption is typically or traditionally relied on in the context of provision of B&B type accommodation. The circular does not provide guidance for planning decisions for houses that are covered by this exemption.
However, the term “house” does not, for the purposes of article 10(4), include a building designed for use or used as 2 or more dwellings or a flat, an apartment or other dwelling within such a building. Providing overnight guest accommodation in such dwellings is, therefore, specifically excluded from this exemption and may constitute a material change of use and, if it does, such a use requires planning permission.
The circular, therefore, provides guidance to LAs when considering applications for planning permission for a material change of use to allow short-term letting in such dwellings and also in houses that are not covered by this exemption.
This guidance is a first step, and is not expected, or intended, to resolve all the issues related to short term letting. It does not constitute an alteration to the existing planning regulations, which are unchanged by the guidance circular. Indeed, any changes to existing regulations relating to the exemption from the requirement to obtain planning permission are subject to approval of both Houses of the Oireachtas, as set out in the Planning and Development Act 2000, as amended.
The broader licensing and regulatory approach, on which the Working Group is developing proposals, will provide the comprehensive framework to do this. The draft report of the Working Group is currently being finalised and I will consider its recommendations before initiating a targeted public consultation on the proposals.
My Department does not hold or collate details on the number of short-term lettings in individual counties.
647. Deputy James Browne asked the Minister for Housing, Planning and Local Government if a municipal district council can have more than two electoral areas under the terms of reference for local electoral boundary committees set up under the 2018 review of local electoral areas; and if he will make a statement on the matter. [6043/18]
Amharc ar fhreagraI established two Local Electoral Area Boundary Committees on 13 December 2018 to review and make recommendations on local electoral areas. They are tasked with reporting to me within six months.
The Committees are independent in the performance of their functions.
Committee No. 1 is tasked with making recommendations on the division of each county (other than Cork, Dún Laoghaire-Rathdown, Fingal, Galway and South Dublin) and Limerick City and County and Waterford City and County.
The terms of reference for Committee No. 1, which are available at www.boundarycommittee.ie, specify that a municipal district may be divided into two or more local electoral areas as the Committee considers appropriate.
As matters currently stand, the Committees have announced a public consultation process, and submissions may be made up to the closing date of 19 February 2018. In this regard, submissions may be sent to boundarycommittee@housing.gov.ie.
658. Deputy Aindrias Moynihan asked the Minister for Housing, Planning and Local Government if the Rebuilding Ireland home loan will be available to persons who are housed by voluntary housing agencies but want to buy another house. [6082/18]
Amharc ar fhreagraFollowing a review of the two existing local authority home loan schemes, the House Purchase Loan and the Home Choice Loan, I have introduced from 1 February 2018, a new loan offering, known as the Rebuilding Ireland Home Loan. The new loan will enable credit worthy first time buyers to access sustainable mortgage lending to purchase new or second-hand properties in a suitable price range.
Full details of the loan's eligibility criteria and other information is available from the dedicated Rebuilding Ireland Home Loan website, http://rebuildingirelandhomeloan.ie/. Any person who meets the eligibility criteria may apply for a loan regardless of their current housing situation, including if they are currently occupying a house owned by a voluntary housing agency.
659. Deputy Clare Daly asked the Minister for Culture, Heritage and the Gaeltacht the number of secondees from companies (details supplied) who are working in her Department. [5831/18]
Amharc ar fhreagraI am advised that there are no secondees from the companies listed working in my Department.
660. D'fhiafraigh Deputy Éamon Ó Cuív den Aire Cultúir, Oidhreachta agus Gaeltachta cén dul chun cinn atá déanta maidir le pleanáil chun feabhas a chur ar na céibheanna ar Inis Meáin agus Inis Oírr faoi seach. [5888/18]
Amharc ar fhreagraMaidir le forbairt Ché Inis Oírr, tá cead pleanála don fhorbairt seo faighte cheana féin agus táthar i lár phróiseas tairisceana ar mhaithe le comhairleoirí innealtóireachta a fhostú chun tabhairt faoin dearadh críochnúil a dhéanamh agus doiciméid tairisceana a ullmhú don obair thógála.
Maidir le Céim III de Ché an Chaladh Mhóir, tá an cur chuige is fear chun an togra seo a thabhairt chun cinn á phlé idir oifigigh mo Roinne agus Comhairle Chontae na Gaillimhe faoi láthair.
Ar iarratas mo Roinne, tá innealtóir feidhmeach fostaithe sa Chomhairle Chontae chun díriú go heisiach ar an dá thionscadal seo agus tá coiste bunaithe idir an Chomhairle Chontae agus mo Roinn chun an dá thogra a stiúradh.
