Tuesday, 13 Nov 2018

Written Answers Nos. 618-634

Planning Guidelines

Ceisteanna (619)

Catherine Murphy

Ceist:

619. Deputy Catherine Murphy asked the Minister for Housing, Planning and Local Government if a review of the planning laws will be carried out as they relate to unauthorised developments; if recent assessments have been done into the widespread abuse of planning laws; if consideration has been given to the costs involved in resolving issues including legal, court, administrative costs and the loss of public confidence in the planning system (details supplied); the changes he plans to make in relation to same; and if he will make a statement on the matter. [46737/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

My role, as Minister, in relation to the planning system is mainly to provide and update the legislative and policy guidance framework. The legislative framework comprises the Planning and Development Act 2000 (the Act), as amended, and the Planning and Development Regulations 2001, as amended.

With regards to policy guidance, my Department has issued a large number of planning guidelines (available on the Department’s website, www.housing.gov.ie ) under section 28 of the Act, to which planning authorities and An Bord Pleanála are obliged to have regard in the exercise of their planning functions. The day-to-day operation of the planning system is, however, a matter for the planning authorities.

Under planning legislation, enforcement of planning control is a matter for the relevant planning authority which can take action if a development does not have the required permission or where the terms of a permission have not been met. Planning authorities have substantial enforcement powers under the Act in this regard. A planning authority may issue an enforcement notice in connection with an unauthorised development, requiring such steps as the authority considers necessary to be taken within a specified period. If an enforcement notice is not complied with, the planning authority may itself take the specified steps and recover the expense incurred in doing so. A planning authority may also seek a court order under section 160 of the Act requiring any particular action to be done or not to be done. Indeed, section 160 of the Act provides that anyone may seek a court order in relation to unauthorised development; such action is not restricted to planning authorities.

While my Department keeps planning legislation under regular review, I am satisfied that planning authorities have sufficient enforcement powers at their disposal under the existing legislation and I have no plans to amend the provisions at this time.

Planning Guidelines

Ceisteanna (620)

Willie Penrose

Ceist:

620. Deputy Willie Penrose asked the Minister for Housing, Planning and Local Government the steps he will take to issue the appropriate order to make the necessary adjustments to the national planning framework in the context of commitments given to an organisation (details supplied) at a meeting on 4 October 2018; and if he will further instruct the regional assemblies to amend their RSES to comply with these adjustments and changes. [46739/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

The National Planning Framework (NPF), published together with the National Development Plan (NDP) as part of Project Ireland 2040 earlier this year, is intended to provide the strategic context for future planning, development and investment over the next two decades. In addition, the NPF represents a long-term strategy for Government Departments, State agencies, State-owned enterprises, regional and local authorities and others to support communities to achieve their potential for economic, social and infrastructural development through a shared set of strategic objectives and key principles.

My Department held an information meeting with key industry stakeholders on 4 October 2018 to discuss practical aspects of the implementation of the NPF in relation to the cascading of its policies to existing local authority development plans and through the forthcoming Regional Spatial and Economic Strategies (RSESs). Such practical aspects included where existing local authority development plans, including the levels of land zoned for development, might be out-of-step with the broad policy framework of the NPF and the RSESs. Technical aspects of such situations have been the subject of ongoing communications and engagement between my Department and the Regional Assemblies, including the provision of the necessary guidance and advices.

The draft RSES for the Eastern and Midland Regional Assembly is now on public display until 23 January 2019, and has been submitted to me as Minister as a statutory consultee.

Local Authority Functions

Ceisteanna (621)

Niall Collins

Ceist:

621. Deputy Niall Collins asked the Minister for Housing, Planning and Local Government if a decision will be made regarding a person (details supplied) as soon as possible; and if he will make a statement on the matter. [46743/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

Section 63(3) of the Local Government Act 2001 provides that, subject to law, a local authority is independent in the performance of its functions. Section 6 of the Housing (Miscellaneous Provisions) Act 2009 specifically provides that the Minister's power to issue policy directions and guidelines to housing authorities in relation to their housing functions should not be construed as enabling the Minister to exercise any power or control in relation to any individual case with which a housing authority is or may be concerned. Therefore, I am precluded from intervening in relation to individual cases.

The person concerned should therefore contact the local authority to which the loan application was made for an update in relation to their application.

Electoral Register

Ceisteanna (622)

Ruth Coppinger

Ceist:

622. Deputy Ruth Coppinger asked the Minister for Housing, Planning and Local Government if he will report on the implementation of online voter registration and other reforms of voter registration; and if he will make a statement on the matter. [46753/18]

Freagraí scríofa

Minister of State at the Department of Housing, Planning and Local Government

In March 2017 the Government determined that work should commence on modernisation of the voter registration process in the context of the possible need to register voters resident outside the State in the event that a referendum on extending the franchise in Presidential elections is passed.

The project, which it is estimated will take some two to three years to complete, will also include consideration of wider policy and legislative changes, including initiatives such as online registration. There will be an initial focus on a series of proposals including those made by the Joint Committee on Environment, Culture and the Gaeltacht in its report on the consultation it carried out on the proposed electoral commission in 2016.

Conscious of the importance of the register and its role in our democracy and the need to ensure security and integrity are key priorities for any changes being considered, significant consultation is planned to engage all stakeholders, including registration authorities, the political system at all levels and the public.

An initial technical consultation with franchise teams in local authorities was completed in September 2018 and the constructive inputs received informed the further development of proposals which will now be put to a public consultation, that will offer an opportunity to all relevant stakeholders and the public to contribute. I expect that consultation to be launched in the coming weeks.

Local Authority Staff Data

Ceisteanna (623)

Darragh O'Brien

Ceist:

623. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government the number of staffing requests received from the building control section of each local authority in each of the years 2014 to 2017 and to date in 2018; the number granted; and if he will make a statement on the matter. [46763/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

My Department receives staffing sanction request applications for specified grades of posts in the local authority rather than by business location. Under section 159 of the Local Government Act 2001, each Chief Executive is responsible for the staffing and organisational arrangements necessary for carrying out the functions of the local authorities for which he or she is responsible.

Accordingly, the information is not available in my Department but may be available directly from individual local authorities.

Local Authority Staff Data

Ceisteanna (624)

Darragh O'Brien

Ceist:

624. Deputy Darragh O'Brien asked the Minister for Housing, Planning and Local Government the number of engineer position staffing requests under each engineer grade from each local authority in each of the years 2014 to 2017 and to date in 2018; the number granted; and if he will make a statement on the matter. [46764/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

Since, 1 January 2014, my Department has received 933 engineering staffing sanction requests from local authorities, of which 819 have been approved. The status of these requests is set out in the table attached. The posts not approved include:

- 18 requests which are pending, in general awaiting supporting information prior to an informed decision being taken;

- 12 requests refused;

- 38 requests withdrawn by the sector;

- 46 requests marked as 'Closed under Circular E.L. 02-2016', which were closed by my Department following the introduction of agreed numbers under workforce planning (the circular granted delegated sanction to Chief Executives to fill vacancies as needed in the context of the agreed Workforce Plan, and Departmental sanction was no longer therefore required).

Table

Emergency Accommodation Provision

Ceisteanna (625)

Eoin Ó Broin

Ceist:

625. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the quality standards framework inspection regime for emergency homeless accommodation; and when the framework will be in place. [46790/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

My Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of housing authorities in addressing homelessness at local level. Statutory responsibility in relation to the provision of accommodation and related services for homeless persons rests with individual housing authorities. This includes operational issues such as ensuring that contracted services are delivered in a professional manner, that inspections take place and that homeless families/individuals can report issues to the relevant authority.

In this regard, the Dublin Region Homeless Executive (DRHE) has been overseeing the development of a quality standards framework, coordinating this work in consultation with an advisory group, which includes representation from various housing authorities, service providers, Tusla, clients and other stakeholders, with a view to having the finalised standards adopted on a national basis by individual housing authorities. The draft standards have been piloted in a number of selected services across the country and positive feedback has been received.

I understand that the DRHE is preparing a final draft quality standards framework for formal submission to my Department. On receipt of this, along with any recommendations with regard to implementation from the DRHE and the advisory group, I will give consideration to how such standards could be applied on a national basis by housing authorities.

Water Quality

Ceisteanna (626)

Eoin Ó Broin

Ceist:

626. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the ECJ case against Ireland for failure to meet its obligations under the terms of the urban wastewater treatment directive; if he will report on the recent ECJ court hearing; when the court will make its decision; and the contingency plans in place to cover the cost of possible fines and possible requirements to increase capital investment and or speed up capital investment in addressing those waste water treatment plans that do not meet the requirements of the directive. [46835/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

The European Commission has taken an infringement case against Ireland in relation to the Urban Wastewater Treatment Directive (UWWTD) which sets out requirements for the collection, treatment and discharge of urban waste water. A hearing in the case took place in the Court of Justice of the European Union (CJEU) on 19 September 2018. Ireland made a number of key points including the burden of proof, the use of out of date information by the Commission and the exceptional circumstances arising from the significant contraction in the Irish economy which occurred between 2007 and 2010, all of which were contested by the Commission.

The Court’s written judgement is expected within six months of the Court hearing. At that point Ireland will engage comprehensively with the Commission and agree work programmes to ensure full compliance with the Directive within timelines considered satisfactory by the Commission.

The recent EPA report on urban waste water treatment in Ireland has found that, out of the 179 Large Urban Areas in Ireland, 28 areas failed to comply with the EU’s legally binding standards for the treatment of urban waste water in 2017. Over the period 2016–2024, capital upgrades and operational improvement works will have been completed or undertaken at all of these urban waste-water treatment plants to ensure that treatment levels and capacity comply with the requirements of the UWWTD. Substantial State funding is being provided for this purpose under the National Development Plan under Project Ireland 2040.

This investment reflects the objectives of the River Basin Management Plan 2018 - 2021 which outlines what Ireland is doing to protect and improve our waters. Among a broad suite of measures the Plan provides for €1.7 billion of investment by Irish Water in 255 urban wastewater projects which are designed to achieve compliance with the UWWTD. Of the urban areas where works are required, the majority will be compliant by end 2021, including Ringsend which is the single largest wastewater treatment plant in the country, accounting for 41% of the total wastewater load.

Irish Water has developed a long term investment perspective in order to strategically address the deficiencies in the public water and wastewater system. It is optimising investment decisions to ensure that they deliver the best possible improvements for the communities concerned.

I approved the Irish Water Strategic Funding Plan 2019-2024, without modification, on 7 November 2018. This sets out Irish Water’s multi-annual strategic funding requirement of €11 billion to 2024, comprised of a €6.1 billion investment in infrastructure and assets and €4.9 billion in operating costs. The Strategic Funding Plan outlines the costs and revenue requirements associated with the implementation of Irish Water’s Water Services Strategic Plan (WSSP), the first of which was published in 2015 and the first ever Water Services Policy Statement which I published on 21 May 2018. This funding requirement will be met through a combination of non-domestic revenue, excess usage charges, government subvention, non-domestic borrowings and capital contributions. The Plan will be subject to economic regulatory review by the Commission for Regulation of Utilities as part of its third regulatory control period 2020-2024.

Planning Guidelines

Ceisteanna (627)

Eoin Ó Broin

Ceist:

627. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the work of the working group on rural planning guidelines; when he expects the work of the group to conclude; and when he expects to be in a position to engage with the Houses of the Oireachtas and local authorities on new guidelines for county development plans post the 2019 local government elections to provide guidance on this issue. [46836/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

Following engagement between the European Commission and my Department regarding the 2013 European Court of Justice ruling in the "Flemish Decree" case, a working group was established in May 2017 to review and, where necessary, recommend changes to the 2005 Planning Guidelines on Sustainable Rural Housing, issued under section 28 of the Planning and Development Act 2000, as amended. The objective is to ensure that rural housing policies and objectives contained in local authority development plans comply with the relevant provisions of the Treaty on the Functioning of the European Union.

The working group comprised three senior officials from the Planning Division of my Department and six senior officials from the Planning Divisions of local authorities nominated by the Local Government Management Agency. The Group met on three occasions: 18 May, 13 June and 28 June 2017.

Taking account of the working group's analysis and recommended outcome, my Department has been engaging with the European Commission on the matter with a view to issuing to planning authorities, by the end of this year, revisions to the 2005 Rural Housing Guidelines that take account of the relevant ECJ judgment. It may be possible to finalise the Guidelines earlier than that, subject to the completion of outstanding work.

Further, the National Planning Framework (NPF), published under Project Ireland 2040, sits at the top of the planning policy hierarchy in Ireland and provides a structure for future development and investment over the next two decades. This national level planning policy is being implemented at the regional level through preparation of statutory Regional Spatial and Economic Strategies (RSES) for the three Regional Assembly areas.

The RSES process formally commenced earlier this year and the draft Eastern and Midland Regional Assembly RSES is now on public display until 23 January 2019. The two other draft RSESs (Northern and Western Regional Assembly and Southern Regional Assembly), subject to Regional Assembly approval, are expected to be put on public display in the coming weeks.

The finalisation of these regional strategies in the first half of 2019 will in turn prompt reviews and updates of individual county and city development plans to ensure strategic co-ordination and consistency between national, regional and local levels.

It is my intention to publish updated Development Plans: Guidelines for Planning Authorities in 2019 to assist planning authorities in the implementation of the NPF at the regional and local levels. This will include updated Core Strategy guidance which will guide planning authorities in implementing effective and appropriate core strategies within their city/county areas.

Water Meters

Ceisteanna (628)

Michael Healy-Rae

Ceist:

628. Deputy Michael Healy-Rae asked the Minister for Housing, Planning and Local Government if he will address a matter (details supplied) regarding water allowances; and if he will make a statement on the matter. [46863/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

Since 1 January 2014, Irish Water has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels.

Neither I nor my Department have a role in relation to the management of individual customer accounts or the resolution of complaints which are matters for Irish Water in the first instance or, where a satisfactory resolution is not forthcoming, for the Commission for Regulation of Utilities (CRU).

Section 8 of the Water Services Act 2014 (as amended) makes provision for the CRU to provide a dispute resolution service for unresolved complaints of customers of Irish Water. Further information on pursuing complaints with Irish Water or with the CRU is available on the website of the CRU and can be accessed from the following weblink: https://www.cru.ie/home/complaint-form/water/.

As Minister, I must respect the independent statutory powers and functions which the Oireachtas has conferred on Irish Water and on the CRU in line with the Water Services Acts 2007-2017 and I cannot involve myself in individual cases.

It may also be helpful to note that Irish Water has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to [e-mail] or by telephone on a dedicated number, 1890 578 578.

Construction Industry Register Ireland

Ceisteanna (629)

Michael Moynihan

Ceist:

629. Deputy Michael Moynihan asked the Minister for Housing, Planning and Local Government the status of the building control (construction industry register Ireland) Bill; and if he will make a statement on the matter. [46865/18]

Freagraí scríofa

Minister of State at the Department of Housing, Planning and Local Government

The Government has committed to placing the Construction Industry Register Ireland, or CIRI, on a statutory footing. CIRI was established on a voluntary basis in 2014 and over 800 building and contracting entities are currently included on the register.

At the end of May 2017, the Government approved the draft heads of a Bill to place the CIRI on a statutory footing and the Bill was referred to the Joint Oireachtas Committee on Housing, Planning and Local Government for pre-legislative scrutiny. The Committee’s report was received on 14 December 2017 and its recommendations are being considered. In parallel, the drafting of the Bill is being progressed and while I am not in a position at this stage to give a precise indication of the timeline for the Bill's publication, my Department is working with the Office of the Attorney General with a view to achieving publication in Q1 2019.

The main objective of the legislation is to develop and promote a culture of competence, good practice and compliance with Building Regulations within the builder community of the construction sector. The establishment of a robust, mandatory, statutory register of builders and specialist contractors is an essential consumer protection measure giving those who engage a registered builder the assurance that they are dealing with a competent and compliant operator. In addition, it will complement the reforms which have been made through the Building Control (Amendment) Regulations 2014 and contribute to the development of an enhanced culture of competence and compliance in the construction sector.

Traveller Accommodation

Ceisteanna (630)

Catherine Connolly

Ceist:

630. Deputy Catherine Connolly asked the Minister for Housing, Planning and Local Government the funding allocated for Traveller accommodation to Galway city and county councils in each of the past five years; the funds drawn down by each local authority for each of the past five years; and if he will make a statement on the matter. [46919/18]

Freagraí scríofa

Minister of State at the Department of Housing, Planning and Local Government

In 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.

The allocations and recoupment profiles for capital Traveller accommodation projects can vary across local authorities given the local priorities, circumstances and project timelines as set out in the TAPs. Local authorities adopted the fourth and current round of TAPs in April 2014, with the five-year rolling 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 my Department for Traveller accommodation. Preparations are underway for the fifth TAP programme, 2019-2024.

The following tables set out allocations and drawdowns for Galway City and County Councils over the past five years:

Galway County Council

Year	Allocation	Drawdown
	€	€
2014	-	-
2015	-	-
2016	117,000	123,816
2017	625,000	-
2018	1,080,100	36,158 (to date)

Galway City Council

Year	Allocation	Drawdown
	€	€
2014	75,127	72,241
2015	-	62,150
2016	40,000	-
2017	209,000	95,102
2018	176,996	- (to date)

Local Authority Services

Ceisteanna (631)

Tony McLoughlin

Ceist:

631. Deputy Tony McLoughlin asked the Minister for Housing, Planning and Local Government if he has given consideration to creating a scheme that would allow each local authority to apply for funding in order to enable it to provide live web feeds of council meetings to the public; his views on whether it would be important for persons to be able to access this service; his further views on the fact that it should not be limited to councils that are more financially secure than others and should have the funding to develop these systems; and if he will make a statement on the matter. [46930/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

The local government sector receives funding from a number of different sources, including central Government. It is a matter for each elected Council to decide its own spending priorities in the context of the annual budgetary process, having regard to both locally identified needs and available resources.

Section 45(5) of the Local Government Act 2001 states that a local authority may, by standing orders, regulate the right of members of the public and members of the media to be present at meetings. This includes the making of rules in relation to recording or relaying the proceedings as they take place or at a later stage.

It is therefore a matter for the elected members of each local authority to decide in the first instance to webcast local authority meetings and then to allocate sufficient funding from their annual budget for the provision of such facilities.

My Department, however, recognises the potential in the use of technology to strengthen local democracy, leadership and governance. At its meeting of 27 September 2018, the Government approved the policy paper "Local Authority Leadership, Governance and Administration", prepared as part of the response to the Programme for Partnership Government commitment to report to Government and the Oireachtas on potential measures to boost local government leadership and accountability, which identifies that action in the area of e-Democracy and e-Governance warrants consideration. This policy paper has been forwarded to the Joint Oireachtas Committee for Housing, Planning and Local Government for its consideration.

Water Services

Ceisteanna (632)

Peter Burke

Ceist:

632. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government when he will seek bids for group sewerage schemes under the three-year Rural Water Programme 2019 to 2020; and if he will make a statement on the matter. [46934/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

In April 2018, I established a Working Group to conduct a review of the wider investment needs relating to rural water services. The group's aim is to recommend measures to ensure an equality of outcome between those who receive water services from Irish Water and non-Irish Water customers.

The terms of reference of the review provide for a two-strand approach. Strand 1 is considering the composition and distribution of funding for the Multi-Annual Rural Water Programme from 2019 up to 2021. Strand 2 is considering the more complex longer-focus issues surrounding the long-term future resourcing of the Rural Water Sector.

The Working Group is currently finalising a report to me on Strand 1 of its deliberations. This report will make recommendations on the measures to be funded for the next cycle of the Rural Water Programme. Following my consideration of these recommendations, I expect to announce details of the programme priorities and the invitation to submit bids should issue to local authorities before year end.

Planning Guidelines

Ceisteanna (633)

Peter Burke

Ceist:

633. Deputy Peter Burke asked the Minister for Housing, Planning and Local Government if the 40 sq. m limit for exempt development (details supplied) will be examined with a view to increasing same in order to encourage independent living for elderly persons to live in close proximity to their families; and if he will make a statement on the matter. [46935/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

Under the Planning and Development Act 2000, as amended, all development, unless specifically exempted under the Act or associated Regulations, requires planning permission.

Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended, set out various exemptions from the requirement to obtain planning permission. Any such exemptions are subject to compliance with any general restrictions on exemptions set out in the Act or the Regulations and to the specific conditions set out in each class of exempted development in Schedule 2 of the Regulations.

Class 1 of Schedule 2 of the Regulations provides an exemption from planning permission for the extension of a house, by the construction or erection of an extension (including a conservatory) to the rear of the house or by the conversion for use as part of the house of any garage, store, shed or other similar structure attached to the rear or to the side of the house. This exemption applies where the house has not been extended previously, and where the floor area of any such extension does not exceed 40 square metres. The exemption is subject to compliance with a number of other conditions and limitations and also any general restrictions on exemptions.

There is a balance, in providing for exemptions from planning permission, between streamlining the consent process for minor works and supporting proper planning and sustainable development, including the need to ensure adequate third party participation rights. While all aspects of the existing regime for exempted development are kept under on-going monitoring and review, I have no plans to amend this particular exemption at this time.

Housing Assistance Payment

Ceisteanna (634)

Willie O'Dea

Ceist:

634. Deputy Willie O'Dea asked the Minister for Housing, Planning and Local Government the number of tenants in each local authority paying a top-up above the prescribed housing assistance payment limits; and if he will make a statement on the matter. [46945/18]

Freagraí scríofa

Minister for Housing, Planning and Local Government

My Department is aware that some Housing Assistance Payment (HAP) recipients are making payments directly to their landlords, beyond the amount of HAP being paid on their behalf. There is no legislative provision precluding HAP supported households contributing towards the monthly rent to their landlord and my Department does not collect data in relation to households in receipt of HAP who are making such additional payments to their landlord.

HAP tenants find their own accommodation in the private rented market and are advised that this accommodation should be within the HAP rent limits provided to them by the local authority. The limits applicable are related to the specific household and the rental market in the area. HAP is a form of social housing support that allows tenants to work full-time and retain their housing support so, in many cases, people may make choices about affordability taking this into consideration.

It should be noted that local authorities have a responsibility to ensure that tenancies are sustainable and are advised not to provide HAP support to tenancies where the household would not be in a position to meet any rental costs beyond their differential rent and the HAP payment made to the landlord on their behalf.