Written Answers Nos. 1223-1243
1223. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the total spend by each local authority of their traveller accommodation budget to date in 2020; and the total allocation of such funds for 2020, in tabular form. [3263/20]
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 2020, to facilitate ease of access to funding for Traveller-specific accommodation, my Department is no longer allocating specific budgets to individual local authorities. Instead, it is open to all local authorities to apply for and drawdown funds at any time through the year and this is actively encouraged by my Department.
The Traveller-specific budget for 2020 is €14.5m and drawdown to-date is set out in the following table.
|
Carlow |
€ - |
|
Cavan |
€ - |
|
Clare |
€ - |
|
Cork City |
€ 17,000 |
|
Cork County |
€ - |
|
Donegal |
€ - |
|
Dublin City |
€ 144,000 |
|
DLR |
€ - |
|
Fingal |
€ - |
|
South Dublin |
€ - |
|
Galway City |
€ - |
|
Galway County |
€ 24,000 |
|
Kerry |
€ 4,000 |
|
Kildare |
€ - |
|
Kilkenny |
€ 1,000 |
|
Laois |
€ 180,000 |
|
Leitrim |
€ - |
|
Limerick City & Co. |
€ - |
|
Longford |
€ - |
|
Louth |
€ - |
|
Mayo |
€ - |
|
Meath |
€ - |
|
Monaghan |
€ - |
|
Offaly |
€ - |
|
Roscommon |
€ - |
|
Sligo |
€ 324,000 |
|
Tipperary |
€ - |
|
Waterford City & Co. |
€ - |
|
Westmeath |
€ - |
|
Wexford |
€ - |
|
Wicklow |
€ - |
|
Overall Total |
€ 694,000 |
1224. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of social housing retrofits carried out to date in 2020 by each local authority; the cost of the programme in each local authority; and the average BER rating achieved from the retrofit in each local authority. [3264/20]
Amharc ar fhreagraFor 2020, the Energy Efficiency Retrofitting programme for social housing has an allocated exchequer budget of €25 million, while a further €20 million is being made available for similar retrofitting in the midlands as part of the 'Just Transition' programme.
Details of social housing units retrofitted per local authority, are recorded as and when each local authority draws down their allocated funding. Funding has not been drawn down to date in 2020 under this programme and accordingly, my Department does not have data on the number of units retrofitted by local authority.
Over €151 million of exchequer support has been provided for this work to end-2019, which has improved the energy efficiency and comfort levels in over 71,000 local authority homes. An annualised breakdown of the funding provided in that period, is available on my Department's website at the following link: https://www.housing.gov.ie/housing/social-housing/energy-efficiencyretrofitting/energy-efficiency-retrofitting-programme.
1225. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of applications, approvals and drawdowns of the Rebuilding Ireland home loan mortgage by local authority to date in 2020; and the average amount approved and drawn down in each local authority in 2020, in tabular form. [3267/20]
Amharc ar fhreagraThe Housing Agency provides a central support service which assesses applications for the Rebuilding Ireland Home Loan on behalf of local authorities and makes recommendations to the authorities to approve or refuse applications.
I have asked the Agency to compile figures on the numbers of applications that it has assessed and recommended to approve since the beginning of 2020. So far this year, the Housing Agency has assessed 347 applications of which, 151 have been recommended for approval. Data on drawdowns is not available.
My Department publishes information on the overall number and value of (i) local authority loan approvals and (ii) local authority loan drawdowns. Local authority approval means that an official letter of offer has been sent to a borrower (and therefore relates to a specific property and loan amount). Information on the RIHL up to Quarter 3 2019, including in relation to the number and value of mortgage approvals and drawdowns and also, average loan amounts are available on my Department's website at the following link:
www.housing.gov.ie/sites/default/files/attachments/rihl-loans-2019-todate.xlsx.
Each local authority must have in place a Credit Committee and it is a matter for the Committee to make the final decision on applications for loans, in accordance with the regulations, and having regard to the recommendations made by the Housing Agency.
Loan Applications Assessed and Recommended for Approval by Housing Agency to end Feb 2020
|
Local Authority |
Applications Assessed |
Recommended to Approve |
|
Carlow County Council |
10 |
2 |
|
Cavan County Council |
2 |
0 |
|
Clare County Council |
7 |
2 |
|
Cork City Council |
21 |
8 |
|
Cork County Council |
19 |
11 |
|
Donegal County Council |
5 |
1 |
|
Dublin City Council |
44 |
18 |
|
Dún Laoghaire-Rathdown County Council |
10 |
8 |
|
Fingal County Council |
33 |
21 |
|
Galway City Council |
3 |
2 |
|
Galway County Council |
5 |
2 |
|
Kerry County Council |
11 |
2 |
|
Kildare County Council |
8 |
5 |
|
Kilkenny County Council |
7 |
2 |
|
Laois County Council |
13 |
6 |
|
Leitrim County Council |
1 |
0 |
|
Limerick City & County Council |
7 |
1 |
|
Longford County Council |
6 |
5 |
|
Louth County Council |
11 |
4 |
|
Mayo County Council |
4 |
2 |
|
Meath County Council |
22 |
8 |
|
Monaghan County Council |
5 |
0 |
|
Offaly County Council |
2 |
1 |
|
Roscommon County Council |
3 |
3 |
|
Sligo County Council |
2 |
0 |
|
South Dublin County Council |
34 |
19 |
|
Tipperary County Council |
7 |
2 |
|
Waterford City & County Council |
4 |
2 |
|
Westmeath County Council |
1 |
1 |
|
Wexford County Council |
18 |
3 |
|
Wicklow County Council |
22 |
10 |
|
Total |
347 |
151 |
1226. Deputy Claire Kerrane asked the Minister for Housing, Planning and Local Government the frequency with which HAP limits for local authorities outside Dublin are reviewed; the criteria that must be met in order for HAP limits to be increased; and if he will make a statement on the matter. [3294/20]
Amharc ar fhreagraIncreased rent limits for Rent Supplement and the Housing Assistance Payment (HAP) scheme were introduced in 2016. The HAP limits were agreed in conjunction with the Department of Employment Affairs and Social Protection (DEASP). In reviewing rent limits, my Department worked closely with the DEASP and monitored data gathered from the Residential Tenancies Board and the HAP Shared Services Centre. The HAP rent limits were increased significantly in July 2016, in the order of 60% in some cases.
Maximum rent limits for the HAP scheme are set out for each housing authority area by the Housing Assistance Payment (Amendment) Regulations 2017. The current maximum HAP rent limits are available on the Irish Statute Book website at the following link:
http://www.irishstatutebook.ie/eli/2017/si/56/made/en/print?q=S.I.+56.
Local authorities also have discretion, because of local rental market conditions, to exceed the maximum rent limit by up to 20%, or up to 50% in the Dublin region for those households either in, or at immediate risk of homelessness. The additional discretion available to homeless households recognises the difficulty this cohort of households face in sourcing and securing properties in a highly competitive rental market. It is a matter for the local authority to determine if the application of the flexibility is warranted on a case by case basis and also the level of additional discretion applied in each case.
Taking account of the additional discretion available to local authorities to exceed the maximum rent limit by up to 20%, and up to 50% in the Dublin region for those households either in, or at immediate risk of homelessness, I am satisfied that the HAP scheme is operating effectively.
I am also conscious that increasing the current HAP rent limits could have negative inflationary impacts, leading to a detrimental impact on the wider rental market, including for those households who are not receiving HAP support.
My Department closely monitors the level of discretion being used by local authorities, taking into account other sources of data, including Residential Tenancies Board rent data published on a quarterly basis. I am satisfied that the current maximum rent limits, together with the additional flexibility available to local authorities, are generally sufficient to support the effective operation of the HAP scheme. However, I will continue to keep the matter under review.
1227. Deputy Claire Kerrane asked the Minister for Housing, Planning and Local Government the steps persons seeking private rented accommodation can take in cases in which they are discriminated against by landlords in view of the fact they are HAP tenants; and if he will make a statement on the matter. [3295/20]
Amharc ar fhreagraThe Housing Assistance Payment (HAP) scheme plays a vital role in housing eligible families and individuals. At the end of Q4 2019, over 71,000 HAP tenancies had been set-up since the scheme commenced, of which there were more than 52,500 households actively in receipt of HAP support and over 30,000 separate landlords and agents providing accommodation to households supported by the scheme.
A landlord or an agent acting on behalf of a landlord is not legally obliged to enter into a tenancy agreement specifically with a HAP recipient. However, on 1 January 2016, the Equality (Miscellaneous Provisions) Act 2015 introduced “housing assistance” as a new discriminatory ground. This means that discrimination in the provision of accommodation or related service and amenities against people in receipt of rent supplement, HAP or other social welfare payments is prohibited. Further information is available at the following link:
https://www.ihrec.ie/your-rights/i-have-an-issue-with-a-service/i-have-an-issue-about-accommodation/.
If a person feels that they have been discriminated against by a landlord or their agent, they can make a complaint under the Equal Status Acts to the Workplace Relations Commission; further information is available on the Commission's website at the following link: https://www.workplacerelations.ie.
1228. Deputy Claire Kerrane asked the Minister for Housing, Planning and Local Government the number of new builds in County Roscommon in each of the past five years; the number of new builds in Ballinasloe, County Galway; the number of residential properties taken under the control of the local authorities in both locations; and if he will make a statement on the matter. [3296/20]
Amharc ar fhreagraInformation on 'New Dwelling Completions' in each local authority area, is published by the Central Statistics Office and is available at the following link:
https://statbank.cso.ie/px/pxeirestat/Statire/SelectVarVal/Define.asp?maintable=NDQ05&PLanguage=0.
In relation to new social housing, the output of each local authority, including Roscommon and Galway County, are available on my Department's website at the following link:
https://www.housing.gov.ie/housing/statistics/housing-statistics.
The most recent quarterly report sets out the position to the end of Quarter 3 of 2019. Details relating to delivery in Quarter 4 of 2019 will be published as soon as they are validated. Details relating to the number of new build social homes in Ballinasloe and the number of residential properties taken under the control of the local authorities in both locations, may be sought directly from Galway and Roscommon County Councils.
1229. Deputy Claire Kerrane asked the Minister for Housing, Planning and Local Government his views on the fact that a fire station (details supplied) has been closed for over three years; if he will communicate with the relevant local authority in view of the concern for public safety in the town; and if he will make a statement on the matter. [3298/20]
Amharc ar fhreagraThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual fire authorities under the Fire Service Acts 1981 and 2003. My Department supports fire authorities through general policy setting and preparing legislation, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding for priority infrastructural projects.
Roscommon County Council provides a fire service based out of fire stations at Roscommon town, Elphin, Boyle, Ballaghdereen and Strokestown. Significant areas of the county are also served from fire stations located in adjacent counties including Athlone, Ballinasloe, Ballyhaunis, Carrick-on-Shannon and Lanesboro.
My Department was informed by Roscommon County Council in February 2017 that, due to a particular local circumstance, Castlerea Fire Station was stood down with an efficient and safe fire cover being provided from the adjacent fire stations.
1230. Deputy Claire Kerrane asked the Minister for Housing, Planning and Local Government if there is a mileage allowance for chief fire officers and assistant chief fire officers in local authorities for the use of their own private car in the fire service; if these personnel can use official fire service vehicles for their own private use; and if he will make a statement on the matter. [3299/20]
Amharc ar fhreagraPublic sector travel expenses policy is overseen by the Department of Public Expenditure and Reform. The travel expenses regime in the local authority sector is governed by Circular letters issued by my Department based on the guidance from the Department of Public Expenditure and Reform. These circulars are applicable to all local authority employees including fire service personnel. I understand, the provision of official fire service vehicles is to assist fire service personnel in the delivery of fire services.
1231. Deputy Joe O'Brien asked the Minister for Housing, Planning and Local Government his views on whether restricting escape routes from bedrooms to routes through the kitchen not including sprinklers and having a minimum distance of only 1.8 metres from escape route to potential kitchen fire are adequate safeguards in view of the revised Technical Guidance Document B – Fire Safety (2006). [3307/20]
Amharc ar fhreagraPart B and Technical Guidance Document (TGD) B of the Building Regulations deal with Fire Safety. Part B of the Second Schedule of the Building Regulations sets the legal performance requirements of buildings and the associated TGD B provides guidance on how to achieve that performance for common building types. Where works are carried out in accordance with the guidance in TGD B, this will, prima facie, indicate compliance with Part B.
The design of apartments, in Ireland, has been evolving over recent years, as design teams learn from best practice around the world. In particular, open plan apartments are becoming increasingly popular. TGD B 2006 did not provide specific guidance on open plan apartment arrangements. In 2018, following liaison with Dublin Fire Brigade (DFB), a working group of experts from DFB and my Department was set up to examine the issue of open plan apartments in Ireland and develop appropriate guidance.
In developing the additional guidance, standards, tests, engineering approaches were considered and fire safety requirements in a number of jurisdictions, including England, Scotland, America, Australia, Denmark and Hong Kong were reviewed.
The aim of the additional national guidance is to provide both local authorities and industry with greater clarity on how to achieve and demonstrate compliance with Part B for open plan apartments and to promote consistency across the country.
The additional guidance amending TGD B 2006 published in February 2020 has a number of provisions for buildings containing apartments and includes a new section specifying provisions for open plan apartments.
In relation to internal layouts and provisions for open plan apartments with travel distances exceeding 9m, the guidance provides for
- sprinkler protection within the apartment to control fire development;
- maximum travel distances within the apartment of 20m;
- single storey apartments only;
- an enhanced fire detection and alarm systems within the apartment; interconnected alarms in circulation areas, bedrooms and high risk areas to ensure early detection and warning of a fire; and
- enclosed kitchens or a distance of 1.8m from the main kitchen cooking appliances to the escape route, which is in line with international research and testing.
For smaller apartments, with travel distances less than or equal to 9m, the guidance in TGD B has not changed. TGD B has referenced BS 5588 Part 1: 1990 since the introduction of Building Regulations in 1991, and this continues to be applicable. In these apartments, the travel distances from the flat entrance door to any point in any habitable room cannot exceed 9 m, no habitable room can be an inner room, the position of any cooking facilities should be remote from the dwelling entrance door and not prejudice the escape route from any point in the apartment. This typically applies to small studio type flats with open internal layouts.
In response to the Deputy’s question, the additional guidance to TGD B published in February 2020 does not permit a distance of 1.8 metres from the escape route to the main kitchen cooking appliance in non-sprinklered apartments. It should also be noted that an escape route from a bedroom cannot be through a kitchen in a non-sprinklered apartment, as no habitable room can be an inner room in accordance with BS 5588 Part 1: 1990, as currently referenced in TGDB.
It should be noted that the additional guidance to TGD B published in February 2020 provides guidance on other aspects of fire safety for buildings containing apartments and these are set out at the beginning of reprint TGD B 2020. All of the guidance in TGD B (Reprint 2020) should be considered collectively, as fire safety must be addressed in a holistic manner, considering building resilience and ensuring a building is safe for occupant egress and firefighter operations simultaneously.
1232. Deputy Joe O'Brien asked the Minister for Housing, Planning and Local Government the status of revisions being made to the social housing application form to identify the need for wheelchair suitable housing; when he expects the revised application form to be introduced; and if he will make a statement on the matter. [3341/20]
Amharc ar fhreagraMy Department has been engaged in a process of revision of the social housing application form in collaboration with the local authority sector. The application form, as currently prescribed in regulations, already allows applicants to identify that they have particular housing requirement arising from a disability.
As part of the work on the application form, my Department was requested to consider including a specific identifier for persons that require "wheelchair suitable" accommodation and this has been agreed.
Work on the application form is at an advanced stage and it is intended to publish the relevant revised regulations shortly.
1233. Deputy Rose Conway-Walsh asked the Minister for Housing, Planning and Local Government the lands and buildings, excluding local authority houses, owned by public bodies in County Mayo. [3358/20]
Amharc ar fhreagraThe information requested is not available in my Department.
1234. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number and value of CALF/CLSS loans held by each local authority; the number of social housing units related to the loans; the due date on the loans; the interest rate charged on the loans; and if he will provide other information regarding the loans which he is of the view is relevant in tabular form. [3458/20]
Amharc ar fhreagraCapital Advance Loan Facility (CALF funding is capital support provided to Approved Housing Bodies (AHBs) by local authorities to facilitate the funding of construction, acquisition or refurbishment of new social housing units. This loan facility can support up to 30% of the eligible capital cost of the housing project, with the housing units provided to local authorities for social housing use under long-term lease arrangements known as Payment and Availability Agreements. A nominal interest rate of 2% fixed per annum is charged by the local authority on the initial capital amount. Repayments on either the capital or interest are not required during the term of the loan (between 10 and 30 years), although where an AHB chooses to, repayments can be made during the term. At the end of the term, the outstanding capital amount plus the interest accrued, is owed and repayable to the local authority. The local authority issues the CALF monies to the AHB and the local authority, in turn, recoups same from the Department. The remainder of the capital cost is sourced by the AHB through other borrowings, to which the local authorities are not party.
My Department does not hold the loan agreements under CALF, as the loan agreement, is between the local authority and the relevant AHB. Accordingly, information on the number and value of CALF loans, including the balance owning and associated due date, is held by the relevant local authorities. The value and the term of each CALF loan varies by project.
While my Department does not hold the loan agreements, the following is a table of CALF-related monies drawn down from my Department since 2016 by the various local authorities.
1235. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the amount allocated to each local authority to carry out inspections of private rented dwellings in 2019 and to date in 2020. [3484/20]
Amharc ar fhreagraBetween 2005 and 2018, over €39 million was paid to local authorities to assist them in the performance of their functions under the Housing Acts, including the inspection of rented accommodation. Over 258,000 inspections were carried out during this period.
The Rental Strategy recognises the need for additional resources to be provided to local authorities to aid increased inspections of properties and ensure greater compliance with the Regulations. Provision has been made for €6 million of Exchequer funding to be made available to local authorities in 2020 for this purpose, with the intention of providing a further increase in 2021 to facilitate a targeted inspection rate of 25% of rental properties annually at that stage. Funding is provided on the basis of inspections carried out rather than through advance allocations.
Detailed information in relation to inspections carried out by each Local Authority since 2005, can be found on my Department's website at the following link:
http://www.housing.gov.ie/housing/statistics/house-building-and-private-rented/private-housing-market-statistics.
Details of the amounts paid to each local authority to quarter 3 2019 are set out in the following table:
|
Local Authority |
Total payment to Qtr 3 2019 |
|
Carlow |
€20,100 |
|
Cavan |
€27,100 |
|
Clare |
€61,100 |
|
Cork County |
€120,200 |
|
Donegal |
€89,300 |
|
Dun Laoghaire Rathdown |
€87,950 |
|
Fingal |
€323,350 |
|
Galway |
€49,200 |
|
Kerry |
€113,400 |
|
Kildare |
€92,650 |
|
Kilkenny |
€50,050 |
|
Laois |
€29,250 |
|
Leitrim |
€23,950 |
|
Limerick |
€132,100 |
|
Longford |
€38,300 |
|
Louth |
€82,700 |
|
Mayo |
€57,500 |
|
Meath |
€54,850 |
|
Monaghan |
€31,700 |
|
Offaly |
€3,300 |
|
Roscommon |
€40,450 |
|
Sligo |
€58,350 |
|
South Dublin |
€221,850 |
|
Tipperary |
€94,600 |
|
Waterford |
€95,350 |
|
Westmeath |
€58,500 |
|
Wexford |
€76,550 |
|
Cork City Council |
€95,400 |
|
Galway City Council |
€11,250 |
|
Dublin City Council |
€774,250 |
|
TOTALS |
€3,014,600 |
Quarter 4 payments are currently being finalised and are due to be paid to local authorities within the coming days.
1236. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the reform of water services including the creation of a single utility and a referendum to enshrine water in public ownership. [3485/20]
Amharc ar fhreagraThe broad policy context for the development of water services is set out in the Water Services Policy Statement 2018-2025, as published in May 2018 following the approval of Government. This includes the ongoing transformation process to position Irish Water as the single, publicly owned national water services authority, accountable to the Oireachtas. Related to this process, the Government decided in July 2018 that Irish Water would be separated from the Ervia Group during 2023.
In this context, Irish Water has proposed fully integrating its operations and ending the current operational arrangements for the delivery of water services through service level agreements with local authorities. As this proposal will give rise to significant organisational change for local authorities and their staff, the Workplace Relations Commission (WRC) has been tasked with facilitating engagement between the key stakeholders, namely, Irish Water / Ervia; ICTU and relevant affiliated unions (Forsa, SIPTU, Connect and UNITE); and the County and City Management Association / Local Government Management Agency.
Three interlinked elements have been identified which the new arrangements must address:
(a) To provide Irish Water with the necessary control of operations, accountability and capacity to manage risk and communicate and negotiate with all water services workers on the change agenda and provide a single identity for customer facing services;
(b) To ensure that Irish Water is not left without an appropriate skilled workforce to carry out its statutory functions and local authorities are not left with stranded costs; and,
(c) To address the concerns of workers in relation to the future deployment of the current local authority water staff.
The formal engagement under the WRC commenced in February 2019 and three formal meetings and a number of bilateral meetings have been held to date.
There are also constitutional and governance issues that are of interest and relevant to the future provision of water services in Ireland. These matters have been discussed with relevant stakeholders in different strands of dialogue outside of the WRC process and will be a matter for a new Government and Oireachtas to progress.
1237. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of implementing the result of the plebiscite supporting a directly elected mayor for Limerick. [3486/20]
Amharc ar fhreagraThe people of Limerick voted in favour of a directly elected Mayor with executive functions for their local authority area in a plebiscite on 24 May 2019.
The Local Government Act 2019 requires the Minister to submit to the Oireachtas a report with legislative proposals for a directly elected mayor for Limerick, within two years of the plebiscite vote, i.e. by 24 May 2021.
Work is ongoing both within my Department and in consultation with other relevant Departments to analyse all legislation conferring functions and powers on local authorities to inform the required report and legislative proposals.
In order to inform the process further, an Implementation Advisory Group (IAG) has also been established in Limerick, under the chairmanship of Mr Tim O’Connor. Its members include representatives of the main stakeholders in Limerick City & County, including elected members, and representatives of business, community, academic and student interests.
Information on the Group, including its membership, terms of reference, meeting agendas and reports, are available at the following link:
https://www.limerick.ie/council/services/your-council/your-mayor/limerick-mayor-implementation-advisory-group.
The Groups primary focus so far has been on determining the scope of the role, particularly identifying substantive new functions and responsibilities, and matching resources, that could be recommended for assignation to the new Mayor, who will have a strong directly elected mandate. The Group is taking the approach that local government in Limerick must be enhanced through the directly elected mayor project, encapsulating enhancements in the effectiveness of the elected council and the executive function, led and supported by the new Directly Elected Mayor.
As part of its analysis a series of case studies is currently being undertaken to examine local government mayoral experience in other comparable jurisdictions. A major public consultation exercise is being undertaken seeking feedback from Limerick people and communities on the positive differences a Directly Elected Mayor can make. A public information event is envisaged for later this year at which the IAG will present its initial findings.
1238. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the report into planning irregularities in County Donegal. [3487/20]
Amharc ar fhreagraI received the report, entitled 'A Review Into Certain Planning Matters in Respect of Donegal County Council', by Mr. Rory Mulcahy S.C., on 11 June 2017.
Following initial analysis and assessment of the report's findings and recommendations, including interaction with my Department's own legal advisors and the Attorney General's Office, a comprehensive set of queries and a request for advice in relation to certain matters was submitted to the Attorney General. This included a request for advice regarding potential publication and dissemination of the report.
Taking account of the Attorney General's advice, my Department considered the matter further and prepared a submission for my consideration, including an assessment of the options available to me in terms publication or dissemination.
Developments adjacent to this subsequently raised fresh queries. I consulted my own legal advisers and the Attorney General's Office on these matters. I met with Senior Counsel in December 2018, and on 17th December 2018 further correspondence from Senior Counsel was received.
I signed the Order to commence the operation of the Office of the Planning Regulator (OPR) in April 2019. The creation of the OPR was a major recommendation of the Planning Tribunal. The OPR has an important role in reviewing local authorities' administration of their planning functions. My Department and other stakeholder bodies are currently working closely with the OPR in the development of their review functions. These significant ongoing developments in the planning area are providing a wider context for my considerations.
I am considering the report and the extensive legal advices received. Once I have concluded my deliberations, I will be in a position to make a further statement.
1239. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of additional staff allocated to each local authority to bring vacant homes back into use. [3488/20]
Amharc ar fhreagraUnder Pillar 5 of Rebuilding Ireland, which aims to ensure that existing housing stock is used to the maximum degree possible, the Vacant Homes Unit was established in 2017 within my Department with the primary aim of driving and coordinating actions at central and local government levels and to support local authorities in identifying vacant properties.
Since 2018, my Department has secured funding of €50,000 per annum for each local authority to support the work of a Vacant Homes Office. The provision of central funding reinforces the capacity of my Department’s Vacant Homes Unit to liaise with and seek information/statistics from a dedicated contact point within each local authority. The Vacant Homes Office plays a key role in the co-ordination of this work within each local authority. The allocation of personnel to Vacant Homes Offices to ensure completion of the work of the Vacant Homes Office is at the discretion of each local authority. Each local authority has appointed a Vacant Homes Officer.
Contact details can for all VHOs can be found on my Department’s website:https://www.housing.gov.ie/housing/home-ownership/vacant-homes/vacant-homes-officer-contacts.
The role and range of duties of the Vacant Homes Office/Officers within each local authority includes (but is not limited to);
- tasks that support, implement and further develop, update, monitor and review the progress of local authorities’ Vacant Homes Action Plans and actions to address vacant private housing,
- establishing a co-ordinated approach towards the implementation of the Action Plans within each local authority,
- undertaking initial vacancy assessment exercise (drilling into available CSO / GeoDirectory data),
- carrying out or co-ordinating visual inspections / assessment of residential properties in their administrative area, with a view to identifying possible vacant recoverable homes,
- identification of the registered owners of the properties deemed to be vacant from inspection, and contacting the owners on the options available to assist in bringing their properties back into use for private or social housing purposes,
- serving as a contact point for dissemination to members of the public (including landlords), assistance and information on residential vacancy and the schemes available to re-introduce their homes into the usable housing stock,
- serving as a contact point for dissemination to interested parties of the ‘Guidance on the Reuse of Existing Buildings for Residential purposes’ (published in December 2018); and
- the collation and provision of vacant homes data to my Department’s Vacant Homes Unit on an agreed timely basis.
1240. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the number of Housing First housing allocations made in 2019 and to date in 2020. [3489/20]
Amharc ar fhreagraHousing First enables homeless individuals with high levels of complex needs to obtain permanent secure accommodation with the provision of intensive housing and health supports to help them maintain their tenancies.
The National Implementation Plan for Housing First was published in September 2018. The Plan includes an overall target of 663 tenancies in the period 2018-2021, with annual targets for each local authority. The Plan is a joint initiative of my Department, the Department of Health, the HSE and the local authorities.
Local authorities are responsible for the establishment of a Housing First tenancy. Reports made by the local authorities to my Department show that 172 individuals were housed under Housing First over the course of 2019 and a further 11 individuals had been housed to the end of January 2020.
1241. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the implementation of the NZEB regulations. [3490/20]
Amharc ar fhreagraThe European Union (Energy Performance of Buildings) 2019 regulations (NZEB) were signed on 29 April 2019. These regulations improve the energy and carbon emissions performance of new dwellings by 70% over 2005 building regulations provisions.
The new NZEB regulations apply to new dwellings which commence construction after 1 November 2019, subject to a one year transition arrangement.
Previously 98% of all new dwellings were built to an A3 rated BER standard. In general, a typical new NZEB dwelling will achieve a BER of A2.
NZEB for non-residential buildings was introduced into the Building Regulations in December 2017. This specifies NZEB performance requirements for new non-residential buildings. These new performance requirements improve the energy and carbon emissions performance in the order of 60% and introduce mandatory renewables on all new non-residential buildings. These regulations apply to works to new buildings which commence after 1 January 2019 subject to a one year transition.
The Energy Performance of Buildings Directive sets requirements at an EU level for Member States to improve the energy performance of buildings and to make an important contribution to the reduction of greenhouse gas emissions. Article 9(1) of the Directive requires Member States to ensure that by 31 December 2020, all new buildings are nearly zero-energy buildings.
The Directive defines a Nearly Zero Energy Building (NZEB) as a building that has a very high energy performance and that the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby. This definition was incorporated into the Building Regulations in January 2017.
1242. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government the status of the European Court of Justice action against the State for breach of the urban wastewater treatment directive. [3495/20]
Amharc ar fhreagraFollowing a judgment in March 2019 by the Court of Justice of the European Union on Ireland's non-compliance with the urban wastewater treatment directive, my Department, accompanied by Irish Water, met with European Commission officials in June last year and proposed a programme of measures to ensure that the findings in the judgment were addressed. My Department will maintain close contact with the Commission over the coming period as the work set out in the programme of measures is progressed. In this regard, works have already been completed at 15 agglomerations identified in the judgment to bring them into compliance with the Directive.
Building water and waste water treatment plants, as well as upgrading or building new water and waste water networks, requires significant and sustained investment. The National Development Plan 2018-2027 provides for significant investment in public water and wastewater infrastructure over the course of the plan to ensure the continued operation, repair and upgrading of Ireland’s water and waste water infrastructure to support social and economic development across the State and continued care of the water environment. Investment in waste water infrastructure is prioritised in the Irish Water Strategic Funding Plan and it is estimated that €1.9bn will be invested in waste water projects from 2019 to 2024.
1243. Deputy Eoin Ó Broin asked the Minister for Housing, Planning and Local Government if his attention has been drawn to the recent issues at a retirement home (details supplied); and his plans to ensure that the elderly and disabled residents in the complex are not evicted as a result of notices to quit issued. [3496/20]
Amharc ar fhreagraThe Residential Tenancies Board (RTB) was established as an independent statutory body under the Residential Tenancies Acts 2004-2019, with one of its key functions being to resolve disputes between landlords and tenants. Due to the quasi-judicial and independent role of the RTB, it would be inappropriate for me, as Minister, to intervene in specific disputes.
Security of tenure for tenants is provided for under the Residential Tenancies Acts. Section 34 provides for a landlord to state a reason for the termination in any notice served, in accordance with the allowable grounds for terminations.
The Residential Tenancies (Amendment) Act 2019 provides that where a landlord terminates a tenancy because he/she needs vacant possession to substantially refurbish/renovate the property, that property must be offered back to the former tenant who provides their contact details, upon completion of the works. Also, such a termination notice must contain or be accompanied by a written certificate of a registered professional under the Building Control Act 2007, such as an architect or surveyor, stating that the proposed substantial refurbishment/renovation works would pose a health and safety risk necessitating vacation by the tenants and that such a risk would be likely to exist for at least 3 weeks.
The 2019 Act also provides additional powers for the RTB to investigate and sanction landlords who engage in improper conduct, including non-compliance with the tenancy termination provisions. My Department will continue to keep the effectiveness and enforcement of the security of tenure provisions in the Acts under review.
With regard to planning 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 Planning and Development Act 2000 (the 2000 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 are not being met. Planning authorities have substantial enforcement powers under the 2000 Act in this regard.
Under section 30 of the 2000 Act, I am specifically precluded from exercising any power or control in relation to any particular case, including an enforcement issue, with which a planning authority or An Bord Pleanála is or may be concerned. Accordingly, I cannot comment in relation to any particular case.
Planning permission is required for any development of land or property unless it is specifically exempted under the 2000 Act or the associated Planning and Development Regulations 2001.
Under section 5 of the 2000 Act, where any question arises as to, what in any particular case, is or is not development or is or is not exempted development within the meaning of the Act, any person may on payment of the prescribed fee, request in writing from the relevant planning authority a declaration on that question. Any person seeking such a declaration has to provide the planning authority with any information considered necessary by the planning authority to make its decision.
