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Gnáthamharc

Tuesday, 1 Dec 2020

Written Answers Nos. 262-286

Covid-19 Pandemic Supports

Ceisteanna (263)

Aengus Ó Snodaigh

Ceist:

263. Deputy Aengus Ó Snodaigh asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the supports she is providing to save a facility (details supplied) in view of the importance of same to the tourism and culture sectors. [40257/20]

Amharc ar fhreagra

Freagraí scríofa

Budget 2021 included a number of substantial measures to support and strengthen the tourism sector and these are supplemented by the economy-wide business supports and social welfare measures. However, funding for the zoo and aquarium sector is a matter for my colleague the Minister for Housing, Local Government and Heritage and in that regard I am pleased to note that funding of €1.6m has been made available by Minister O'Brien and his colleague Minister of State Noonan to the sector, through the National Parks and Wildlife Services.

Sports Capital Programme

Ceisteanna (264)

Duncan Smith

Ceist:

264. Deputy Duncan Smith asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the current position on a new round of sports capital funding; when it will be announced that it is opening; and if she will make a statement on the matter. [40313/20]

Amharc ar fhreagra

Freagraí scríofa

The Sports Capital and Equipment Programme (SCEP) is the primary vehicle for Government support for the development of sports and recreation facilities and the purchase of non-personal sports equipment throughout the country. Over 12,000 projects have now benefited from sports capital funding since 1998, bringing the total allocations in that time to close to €1 billion.

The Programme for Government commits to continuing the SCEP and to prioritise the investment in disadvantaged areas. On 30th November, Minister Catherine Martin and I announced that a new 2020 round of the Programme was opening with applications accepted from 11th December until 12th February, 2021. At least €40 million is being made available and it is planned to make allocations later in 2021.

Any organisation that has not already registered with the Department and wishes to apply for funding must first register on www.sportscapitalprogramme.ie. Organisations must have a tax registration number from the Revenue Commissioners if they wish to register.

Covid-19 Pandemic Supports

Ceisteanna (265)

Johnny Mythen

Ceist:

265. Deputy Johnny Mythen asked the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media the breakdown of the €1.7 million music industry stimulus package grant scheme in terms of the amount spent on administrative costs and the amount that went directly to applicants through grants in tabular form; and if she will make a statement on the matter. [40366/20]

Amharc ar fhreagra

Freagraí scríofa

The €1.7 million allocated to the Music Industry Stimulus Package is broken down as follows:

Cost Element

Amount Awarded

Songwriting Camps

€445,000

Album Release

€280,000

Recording

€892,000

Administration*

€83,000

Total

€1,700,000

*This Package, is being managed on behalf of the Department by First Music Contact (FMC) and under the terms of this agreement, €83,000 is the maximum allowed administration cost to manage the scheme, including a contracted assistant, honoraria for panellists, legal, audit and technical support costs.

The aim of the Music Industry Stimulus Package is to help sustain the Irish popular and commercial music sector as the cessation of live music performances has had a wide reaching effect on the music industry. The three elements of the Package are aimed at ensuring that musicians can continue to develop and share their work in the context of COVID restrictions. They cover (1) songwriting camps (2) recording and (3) album releases.

The response to the Music Industry Stimulus Package was far in excess of the level of funding available which meant that many strong applications could not be supported this year. It is my intention to develop this year's pilot schemes and commit further funding next year to support musicians.

EU Directives

Ceisteanna (266)

Cian O'Callaghan

Ceist:

266. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the actions he has taken to rectify violations of the EU habitats directive by Ireland; and if he will make a statement on the matter. [39555/20]

Amharc ar fhreagra

Freagraí scríofa

The European Commission has concluded that Ireland is not in compliance with the EU Habitats Directive as regards the designation of special areas of conservation, the setting of site-specific conservation objectives and the establishment of site-specific conservation measures for these sites.

My Department has in place a special areas of conservation designation, conservation and management work programme. Under this programme, 276 sites have been formally designated as special areas of conservation by Statutory Instrument, site specific conservation objectives have been published for 364 special area of conservation sites and site specific conservation measures have been prepared for 53 sites. The Department is working to identify and list necessary conservation measures for each Habitats Directive Annex I habitat and Annex II species on a site-by-site basis. This will include integration of conservation measures already being delivered.

Furthermore, a range of conservation schemes are in place such as the European Innovation Partnerships, GLAS (green, low-carbon agri-environment scheme) and the native woodland scheme administered by the Department of Agriculture, Food and the Marine and the Farm Plan Scheme administered by the National Parks and Wildlife Service of the Department. My Department has been allocated additional funding for the conservation of the natural heritage under Budget 2021 and will be allocating further funds for this work for the coming year.

Sites are protected under Irish law from the time they are publicly nominated for designation as special areas of conservation i.e. all 439 special area of conservation sites are protected under the provisions of the European Communities (Birds and Natural Habitats) Regulations 2011.

Covid-19 Pandemic Supports

Ceisteanna (267)

Eoin Ó Broin

Ceist:

267. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage the funding plans in place to assist Dublin Zoo and Fota Wildlife Park, which have suffered an income loss due Covid-19 restrictions. [40030/20]

Amharc ar fhreagra

Freagraí scríofa

My Department has responsibility for implementation of the European Communities (Licensing and Inspection of Zoos) Regulations 2003 (S.I. No. 440/2003) which deal with the inspection, licensing and regulation of zoos. These Regulations give effect in the national context to the EU Zoo Directive (Directive 1999/22/EC of 29 March 1999 of the Council of the European Union).

The National Parks and Wildlife Service of my Department has been involved in discussions with the zoo sector in recent months in connection with difficulties faced by the sector as a result of the Covid-19 pandemic and to consider how my Department might be of assistance.

On the 21st November, Minister O'Brien and I announced that we had secured funding of €1.6 million for the zoo sector in 2020, to encompass all licensed zoos including aquaria. The funding will be allocated in the form of a grant scheme, open to the 69 licensed establishments in Ireland. This is aimed primarily at preventing an animal welfare crisis as a result of the ongoing Covid-19 pandemic. While the State does not ordinarily provide funding to the zoo sector, the current measures are being put in place in the context of the extraordinary circumstances of the Covid-19 pandemic and the effect it has had on these organizations.

The fund is to cover zoos’ ongoing costs during the upcoming winter period. As well as having responsibility for licensing, inspection and regulation of zoos, my Department is responsible for ensuring compliance with welfare standards in accordance with the Irish Standards of Modern Zoo Practice, which set out best practice and strict standards for animal well-being. Applications for funding will be assessed by the NPWS in my Department with a view to facilitating access to funds as soon as possible.

A fund of €500,000 is now available to assist small and medium size zoos and aquaria. A separate fund of €1.1m is available to the two largest zoos, Dublin Zoo and Fota Wildlife Park, in order to prevent these nationally important zoos from closing.

This financial support recognises the vital role played by our zoos as networks for global conservation of biodiversity, as centres of learning and places where lifelong memories of families and children are made. This emergency funding will also safeguard employment and stimulate local economies in recovering by ensuring the continued operation of viable zoo establishments throughout the country.

Planning Issues

Ceisteanna (268, 280, 290, 299)

Eoin Ó Broin

Ceist:

268. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when the technical update of the Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document in relation to co-living will be issued as Ministerial guidance under section 28 of the Planning and Development Act 2000 (as amended). [40661/20]

Amharc ar fhreagra

Neale Richmond

Ceist:

280. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage the impact on current co-living development applications to planning authorities arising from the issuance of a de facto ban; if these applications can be considered for approval or be approved; and if he will make a statement on the matter. [39577/20]

Amharc ar fhreagra

Eoin Ó Broin

Ceist:

290. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage when he will sign and publish the updated guidance document that includes a specific planning policy requirement on co-living; if this will effect an outright ban on co-living; and if planning authorities will have to have regard to this guidance when deciding on a co-living application submitted prior to the issuing of the guidance. [39752/20]

Amharc ar fhreagra

Eoin Ó Broin

Ceist:

299. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will publish the circular issued to local authorities and An Bord Pleanála on the issue of co-living following his announcement of a ban on such developments. [40033/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 268, 280, 290 and 299 together.

I have indicated in a circular letter dated 23rd November 2020 to all local authorities, An Bord Pleanála and the Office of the Planning Regulator, that my preferred approach is to restrict commercial co-living development, through an update of the Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document, with a Specific Planning Policy Requirement (SPPR) for a presumption against granting planning permission for Co-Living/Shared Accommodation Development.

This will require a technical update of the Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document, in relation to the ‘Shared Accommodation’ (Co-living) aspects of the guidance. This process must include requisite environmental considerations including Strategic Environmental Assessment (SEA), screening for which commenced on 23rd November 2020 and will take a minimum of 4 weeks to complete.

When this process is complete, an updated document will be issued as Ministerial guidance under Section 28 of the Planning and Development Act 2000 (as amended) and will replace the previous 2018 apartment guidelines document. Planning authorities and An Bord Pleanála are required to have regard to Ministerial guidelines in the course of carrying out their functions, and are required to comply with Specific Planning Policy Requirements, where included within such guidelines.

The Sustainable Urban Housing: Design Standards for New Apartments, Guidelines for Planning Authorities 2018 document will continue to apply until such time as updated Section 28 guidelines are issued by my Department. Any current valid planning applications, appeals or strategic housing development applications to An Bord Pleanála made prior to the date of issue of updated Section 28 guidelines, must be considered in accordance with the 2018 guidelines.

Any planning applications and consequent appeals, or SHD applications made on or after the date of publication of the updated guidelines, will be subject to the updated guidelines.

This does not mean that current planning applications or appeals assessed in accordance with the 2018 guidelines will necessarily be subject to a grant of planning permission, noting that this is a matter for planning authorities and An Bord Pleanála to determine. My officials reported in respect of co-living applications and appeals that were ‘live’ in mid-October 2020 and at that stage there were a theoretical maximum of approximately 1,670 co-living bedspaces that could be permitted, including those that had already been granted planning permission. Since then, 400 of those proposed bedspaces have either been refused planning permission, or quashed by Court decision.

The circular letter issued on 23 November 2020 was published on the same day on my Department’s website, together with the report on the review of co-living prepared by my officials and accompanying appendices. These are available at the following links:

- Letter: https://www.housing.gov.ie/housing/private-rented-housing/circular-issued-local-authority-chief-executives-bord-pleanala-and

- Report and Appendices: https://www.housing.gov.ie/housing/private-rented-housing/co-living-shared-accommodation-report

Planning Data

Ceisteanna (269)

Cian O'Callaghan

Ceist:

269. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of planning applications that have been refused based on the provisions of section 35 of the Planning and Development Act 2000; and if he will make a statement on the matter. [39548/20]

Amharc ar fhreagra

Freagraí scríofa

Planning statistics are compiled by each planning authority on an annual basis for collation and publication on my Department’s website, at the following link:

http://www.housing.gov.ie/planning/statistics/planning-statistics-1.

However, the data collected relates to the total number of applications and decisions for all developments that require planning permission, broken down by year and planning authority but are not broken down by reason for the grant or refusal of permission. Such information may be sought directly from the relevant planning authority.

In addition, the Central Statistics Office (CSO), as the national statistical office, compiles and makes available detailed data on a number of planning related issues including permissions granted and completions by development type and county. Data is available at the following link on the CSO website: https://www.cso.ie/en/statistics/construction/planningpermissions/.

Referendum Campaigns

Ceisteanna (270, 271, 272)

Cian O'Callaghan

Ceist:

270. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of staff that have been assigned to work on preparations for the right to housing referendum from his Department; and if he will make a statement on the matter. [39550/20]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

271. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he has sought legal advice on the proposed wording of the right to housing referendum; and if he will make a statement on the matter. [39551/20]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

272. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he has considered the proposed wording for the right to housing referendum put forward by an organisation (details supplied); and if he will make a statement on the matter. [39552/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 270 to 272, inclusive, together.

As I outlined to the House on the 6th October last, the commitments in relation to Constitutional reform in the Programme for Government provide for the holding of a referendum on housing.

My Department has begun the initial work on scoping the complex issues involved and will in due course make recommendations on how we might progress such a referendum. This work has been assigned to a Unit of my Department that has 12 staff members. Additional referendum related resources will be added as the process moves along.

I am aware of the engagement between the Joint Oireachtas Committee on Housing, Local Government and Heritage and the Home for Good coalition that took place on 3rd November 2020 at which the coalition put forward their suggested wording for a referendum on a right to housing. Following consultation with my colleagues in Government as to the proposal that should be put to the electorate, it is my intention that a wider consultation will take place to capture the views of relevant stakeholders, including those such as the Home for Good coalition. Work on the referendum is not at the stage of seeking legal advice as yet.

Approved Housing Bodies

Ceisteanna (273)

Cian O'Callaghan

Ceist:

273. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the amount borrowed by approved housing bodies to fund the purchase of turnkey homes in 2019 and to date in 2020; and if he will make a statement on the matter. [39558/20]

Amharc ar fhreagra

Freagraí scríofa

Approved Housing Bodies (AHBs) are making and continue to make important contribution to social housing delivery. My Department and local authorities administer a number of funding programmes to assist AHBs with the cost of building, buying and leasing new social houses, including turnkeys. All funding is conditional on the properties being made available to households on local authority waiting lists.

The Capital Advance Leasing Facility (CALF) funding is capital support provided to AHBs by local authorities to facilitate the funding of construction, acquisition or refurbishment of new social housing units, including units acquired through the establishment of the Housing Agency Acquisition Fund. My Department can provide CALF funding of up to 30% for eligible projects. All proposals for CALF are submitted to my Department by AHBs for review, to ensure that each project complies with the terms of the CALF and that there are sufficient funds available. The balance of the project finance is sourced by AHBs from private sources, such as commercial lending institutions, pillar banks and the Housing Finance Agency, HFA.

AHBs and local authorities work closely on a local basis to plan and programme new social housing supply. This collaborative approach ensures that there is local authority support for a project prior to submission to my Department for funding approval.

My Department does not hold information on 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, is held by the relevant local authorities. The value and term of each loan varies by project.

In 2019, CALF expenditure on turnkeys, excluding Part Vs, as drawdown by the local authorities via my Department was €98.2 million. This included €8.3 million, which was offset against Local Property Tax Funding.

To date in 2020, €124.6 million of the monies loaned by local authorities to AHBs relating specifically to turnkeys, excluding Part Vs, has been claimed from my Department. This figure includes €22.5 million offset against Local Property Tax Funding.

Owing to the nature of the CALF scheme, unit delivery does not always arise in the same year as the expenditure being incurred and schemes delivered under phased programmes may cross a number of payment periods.

Social and Affordable Housing

Ceisteanna (274)

Cian O'Callaghan

Ceist:

274. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 75 of 15 January 2019, the current status of the 1,400 affordable units; the expected completion dates and prices; and if he will make a statement on the matter. [39559/20]

Amharc ar fhreagra

Freagraí scríofa

The 1,400 affordable units referred to in the Question relate to the 10 projects that were granted approval in principle under the first Serviced Sites Fund (SSF) call.

There have been two SSF Calls for Applications to date and details of all SSF projects that received approval in principle under these calls, and the number of more affordable homes whose delivery will be supported by SSF funding are available at the following links:

Call 1: https://rebuildingireland.ie/news/minister-murphy-gives-the-go-ahead-for-ten-local-authority-sites-for-affordable-housing-under-the-serviced-sites-fund/

Call 2: https://rebuildingireland.ie/news/minister-murphy-approves-funding-of-e84m-to-support-delivery-of-1770-affordable-homes-under-the-ssf/

The first SSF project that will deliver affordable homes will be Boherboy Road in Cork City in early next year. The second in Enniskerry Road, Dun Laoghaire Rathdown will deliver the first Cost Rental homes in the State in Q3 2021.

It should be noted that SSF Approval in Principle is granted to local authority applications to fund facilitating infrastructure to allow the delivery of more affordable homes on its sites. In the main, following the Department’s approval in principal to grant fund these projects at the initial concept stage, local authorities then begin the process of detailed design, local consultation, the planning process and procurement thereafter, the nature and scale of the projects will generally evolve. This will generally lead to updates in the infrastructure specification, the SSF funding made available, the final number and type of homes that will be developed and the schedule for delivery. The majority of SSF projects are currently in this process.

The selling price of homes that will be made available for purchase under the local authority affordable dwelling purchase arrangements will be influenced by a number of factors which will vary significantly from individual development to development. This includes the overall development cost of each particular development the housing type/tenure mix involved and the local housing market. As the majority of the projects approved for funding under the SSF are at the planning and design stage, the final sales prices will not be fully determined until planning permission has been obtained and after the procurement process for construction of the development in question has been completed.

Homeless Persons Data

Ceisteanna (275)

Cian O'Callaghan

Ceist:

275. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of persons that fall into the category of the hidden homeless (details supplied); the number of those that have a disability; and if he will make a statement on the matter. [39568/20]

Amharc ar fhreagra

Freagraí scríofa

My Department publishes a detailed monthly report on homelessness, based on data provided by housing authorities. The Report outlines details of individuals utilising State-funded emergency accommodation arrangements that are overseen by housing authorities. The Reports are available on my Department's website at the following link: http://www.housing.gov.ie/housing/homelessness/other/homelessness-data.

Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless and Section 2 of the Act sets out the requirements in this regard. When a household has been assessed as homeless, section 10 of the Housing Act 1988, provides that a local authority may provide accommodation and related services to that household.

Details on the number of households qualified for social housing support in each local authority area are provided in the annual statutory Summary of Social Housing Assessments. These published social housing waiting list figures provide details of the nature of specific housing needs that are not currently being met.

The most recent summary, from June 2019, shows that 68,693 households were qualified for, and in need of, social housing support. This represents a decrease of 3,165 households or 4.4% on the last assessment in June 2018. Since 2016, the numbers have decreased from 91,600, a reduction of 25%.

Of the current number qualified for, and in need of, social housing support, 4,126 households or 6% were those who had a specific need for housing based on disability. We also know from the summary that approximately 20% of the people on the waiting list currently live with their parents and a further 8% are listed as living with relatives/friends.

Increasing the supply of housing, particularly new build social and affordable homes is a priority for myself and for the Government. The Programme for Government commits to increasing the social housing stock by more than 50,000, with an emphasis on new builds. In Budget 2021, we backed this objective with funding of €3.3 billion for the delivery of housing. The available funding will deliver 12,750 new social homes through build, acquisition and leasing. A major focus of this investment is the delivery of new build, with an overall target of 9,500 new homes. These increased build targets will see more local authority build on local authority land.

Disabilities Data

Ceisteanna (276, 277)

Cian O'Callaghan

Ceist:

276. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of persons with disabilities that are in receipt of HAP; and if he will make a statement on the matter. [39569/20]

Amharc ar fhreagra

Cian O'Callaghan

Ceist:

277. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the number of HAP units that have been assessed for accessibility; and if he will make a statement on the matter. [39570/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 276 and 277 together.

People with disabilities may apply to local authorities for any of the housing supports available, including Housing Assistance Payment (HAP).

The information sought in relation to the number of persons with disabilities that are in receipt of HAP, and the number of HAP units that have been assessed for accessibility is not held by my Department.

Approved Housing Bodies

Ceisteanna (278)

Neale Richmond

Ceist:

278. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if an approved housing body has applied to the Housing Finance Agency, his Department or an entity operating under the aegis of his Department for purchasing or operating residential units from the developer of an estate (details supplied) to deliver cost-rental units; if he, the Housing Finance Agency, his Department or an entity operating under the aegis of his Department has approved funding to an approved housing body for this purpose; if not, if it will approve funding for this purpose; the amount of funding that is sought or approved or will be allocated; and if he will make a statement on the matter. [39575/20]

Amharc ar fhreagra

Freagraí scríofa

The Programme for Government 'Our Shared Future' commits the Government to the development of a new Cost Rental housing sector in Ireland, in which the rents charged will only cover the costs of delivering, managing, and maintaining the homes. Work is underway to deliver Cost Rental housing, with State support, through a number of delivery pathways, utilising the expertise of Local Authorities, the Land Development Agency and Approved Housing Bodies (AHBs). A number of pilot projects are underway and the first of these, at Enniskerry Road, Stepaside, Dún Laoghaire-Rathdown, will deliver 50 Cost Rental homes in Quarter 3 of 2021.

It is my understanding that, to date, neither my Department nor the Housing Finance Agency have received an application from an AHB to fund the purchase or operation of residential units from the developer of the O’Devaney Gardens site for use as Cost Rental homes.

The overall redevelopment of O'Devaney Gardens is primarily a matter for Dublin City Council. However, I can confirm that the Department has committed to providing funding support to the Council on the basis of the Development Agreement agreed by the Council which is based on delivering at least 768 new homes on a 50% private, 30% social and 20% affordable purchase tenure mix. This includes fully funding the social housing units on the site through the local authority and a provision of Serviced Sites Funding of up to €50,000 per affordable home.

Public Procurement Contracts

Ceisteanna (279)

Neale Richmond

Ceist:

279. Deputy Neale Richmond asked the Minister for Housing, Local Government and Heritage if he or his Department has been notified by Dublin City Council if companies (details supplied) were informed that the procurement procedure had ended and that no contract would be awarded as a consequence of the decision adopted by the elected members of Dublin City Council on 16 November 2020 not to assent the proposal outlined in report 310/2020 on its agenda of the same date; in circumstances in which the companies have not been notified that no contract shall be awarded arising from the procurement process and that the procurement remains live, if it is expected that Dublin City Council will place a new report on the agenda of the council to enable the companies to develop and construct the approximately 853 residential units together with all associated infrastructure works, commercial units and parks; and if he will make a statement on the matter. [39576/20]

Amharc ar fhreagra

Freagraí scríofa

The Oscar Traynor Road residential project had reached a very advanced stage with the selection of a preferred bidder. The projected encompassed 853 homes with a mix of tenures.

A key part of the Public Procurement process was the transfer of the City Council land to the preferred bidder to allow it to progress to finance the project, obtain planning permission and construct the development.

This transfer of land required a Section 183 Approval (Local Government Act 2001) which is a reserved function of city councillors. This disposal was listed for decision at the recent meeting of the City Council. The disposal was rejected by city councillors.

I understand from the Council that the proposed development of this land will not now proceed. Management in the City Council will now engage with councillors on alternative proposals for this key site.

It is critical that this site is developed as soon as possible and my Department is ready to assist the City Council in this regard.

Question No. 280 answered with Question No. 268.

Building Regulations

Ceisteanna (281)

Paul McAuliffe

Ceist:

281. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage if allegations raised regarding balcony defects in an estate (details supplied) in Dublin 24 will be examined; and if he will make a statement on the matter. [39593/20]

Amharc ar fhreagra

Freagraí scríofa

Firstly, I would like to acknowledge the very stressful circumstances which owners and residents face when their homes are affected by construction defects.

In general, building defects are matters for resolution between the contracting parties involved, the homeowner, the builder, the developer and/or their respective insurers, structural guarantee or warranty scheme.

Under the Building Control Acts 1990 to 2014 primary responsibility for compliance of works with the requirements of the Building Regulations, rests with the owners, designers and builders of buildings.

Enforcement of the Building Regulations is a matter for the 31 local building control authorities who have extensive powers of inspection and enforcement under the Acts and who are independent in the use of their statutory powers, subject to a statute of limitation of 5 years from the date of completion of the building or the construction works.

When a building is constructed and occupied, statutory responsibility for fire safety is assigned by section 18(2) of the Fire Services Acts, 1981 & 2003, to the ‘person having control’ of the building. In multi-unit developments, the "person having control" is generally the owner management company.

Under the Multi-Unit Developments Act 2011, which is under the remit of the Minister for Justice, the owner management company must establish a scheme for annual service charges and a sinking fund for spending on refurbishment, improvement or maintenance of a non-recurring nature of the multi-unit development.

The Programme for Government sets out a number of commitments in respect of the important policy area of building defects. My Department is actively engaging with all key stakeholders on this programme of work. In this regard, I've had a number of meetings with stakeholder representative groups on this matter over recent months. My Department is currently preparing to establish the structures to examine the issue of defective housing, this will include apartment buildings, in line with the commitment in the Programme for Government.

Separately, in regard to the specific issue of balcony defects, under Sections 2 and 3 of the Local Government (Sanitary Services) Act 1964, a local authority has powers in relation to dangerous structures.

I would encourage anyone who has concerns with regard to the structural safety of their property to engage the services of a construction professional without delay. It is also advisable to bring any safety concerns to the attention of the relevant local authority, who can provide information and advice in the matter.

Homeless Accommodation

Ceisteanna (282, 283)

John Brady

Ceist:

282. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if he will provide a regional breakdown of the inspections carried out to date under the national quality standards framework on homeless services in private and voluntary emergency accommodation in tabular form; and his plans for local authorities to publish these reports detailing compliance levels within the framework. [39617/20]

Amharc ar fhreagra

John Brady

Ceist:

283. Deputy John Brady asked the Minister for Housing, Local Government and Heritage the details on the level of training given to persons conducting inspections in private and voluntary emergency accommodation under the national quality standards framework on homeless services; and if he will make a statement on the matter. [39618/20]

Amharc ar fhreagra

Freagraí scríofa

I propose to take Questions Nos. 282 and 283 together.

The National Quality Standards Framework (NQSF) for homeless services is in place nationally for local authority and NGO delivered services.

The Framework has been developed to ensure a consistent approach in how local authorities and service providers respond to the needs of those experiencing homelessness and to improve the quality of services provided. In general, the operation of these emergency accommodation facilities is contracted out by local authorities, under service level agreements, to NGOs involved in the delivery of homeless services.

Local authorities also carry out inspections on facilities that are not covered under the Framework, as they determine to be appropriate. The Standards and Facilities Teams in the Dublin Region Homeless Executive (DRHE) oversee all emergency accommodation in the region and seek to ensure that all relevant guidelines, policies and procedures are complied with in order to deliver a safe and comfortable place to stay for service users. The DRHE has an inspection regime in place to deal with complaints and to ensure accommodation is appropriate and safe. This includes engaging with homeless families and individuals on issues arising in their accommodation.

This monitoring work is ongoing to ensure the health and safety of the clients who are using the facilities. Guidelines for Service Users in Emergency Accommodation were recently reviewed by the DRHE and issued to clients in private emergency accommodation. The DRHE has assured me that it has a thorough complaints procedure in place, and that each complaint is fully investigated and addressed in a timely manner.

Separate to the service standards expected of providers via service level agreements, all homeless service providers must meet the requirements of statutory codes, in particular the requirements of the Safety, Health and Welfare at Work Act 2005 and the Fire Services Acts.

Monitoring of services and the undertaking of site visits under the Framework and for other facilities are a matter for the individual local authorities. My Department does not hold details regarding the regional breakdown of inspections carried out or details of the level of training involved in conducting these inspections.

Planning Issues

Ceisteanna (284)

Francis Noel Duffy

Ceist:

284. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage the strategic housing developments that have been granted permission since 2017; the number that have been refused; the number of these developments that have commenced; the number of these permissions that have been completed; the number of judicial reviews of An Bord Pleanála decisions on strategic housing developments; the outcome of these proceedings; and if he will make a statement on the matter. [39645/20]

Amharc ar fhreagra

Freagraí scríofa

The Planning and Development (Housing) and Residential Tenancies Act 2016 (the Act) introduced new streamlined arrangements to enable planning applications for strategic housing developments (SHDs) of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more, to be made directly to An Bord Pleanála (the Board) for determination.

From the commencement of the new SHD arrangements in 2017 up until end October 2020, the Board had received 265 SHD applications and had decided 230 cases. The Board had granted permission in 168 cases in respect of a total of 44,042 housing units (comprising 12,229 houses, 24,839 apartments and 6,974 build to rent), as well as 195 shared accommodation units and 11,934 student bed spaces under the SHD arrangements. I understand that the remaining 62 cases decided have either been refused by the Board or are developments which were originally granted by the Board but set aside as a result of a judicial review.

The status of individual developments which have been granted permission under the Planning and Development Act 2000, as amended, is not routinely maintained by my Department given that some 30,000 planning permissions are granted nationally on an annual basis. My Department has conducted periodic research on the activation rate of SHD permissions and the most recent data in this regard would indicate that works have commenced on 29% of SHD permissions granted to date since the arrangements came into operation. There can be some delay for various reasons, such as phasing of development, in the activation of housing developments post the granting of permission. In this connection, if permissions granted in 2020 are excluded from the calculations, the data indicates that works have commenced on 45% of the SHD permissions granted in 2018 (when the first permissions were granted) and 2019.

The Programme for Government commits to not extending the SHD arrangements beyond their legislative expiry date of end December 2021, which has now been extended to February 2022 arising from Covid-related shutdown of the planning system for 8 weeks, which extended all planning timelines by 8 weeks. The process for winding up the SHD arrangements will be considered by my Department over the coming months.

In relation to judicial reviews, the recording of court cases is one in which I have no statutory function and is a matter for the Courts Service which is statutorily independent.

An Bord Pleanála can be challenged by Judicial Review on a range of its functions, including decisions on SHD planning applications, and it publishes an update on legal cases in its Annual Report. Arrangements have been put in place by all bodies under the aegis of my Department to facilitate the provision of information directly to members of the Oireachtas. This provides a speedy, efficient and cost effective system to address queries directly to the relevant bodies. The contact email address for An Bord Pleanála in this regard is Oireachtasqueries@pleanala.ie.

National Parks and Wildlife Service

Ceisteanna (285)

Jackie Cahill

Ceist:

285. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage the stakeholders that will be participating to review the status of funding for the National Parks and Wildlife Service in view of the commitment in the programme for Government; and if he will make a statement on the matter. [39655/20]

Amharc ar fhreagra

Freagraí scríofa

There is a commitment in the Programme for Government to review the remit, status and funding of the National Parks and Wildlife Service (NPWS) to ensure that it is playing an effective role in delivering its overall mandate and enforcement role in the protection of wildlife. I have decided that the review should be headed by an independent chairperson overseeing a triptych review process with a target completion date of Summer 2021. I am engaging with my officials in the National Parks and Wildlife Service in discussing the review further and am finalising options with regard to the Terms of Reference and the widest possible stakeholder engagement.

Tenant Purchase Scheme

Ceisteanna (286)

Róisín Shortall

Ceist:

286. Deputy Róisín Shortall asked the Minister for Housing, Local Government and Heritage further to Parliamentary Question No. 636 of 3 November 2020, if the current tenant (incremental) purchase scheme 2016 permits council tenants in homes classed as a duplex to avail of tenant purchase; and if he will make a statement on the matter. [39678/20]

Amharc ar fhreagra

Freagraí scríofa

The Tenant (Incremental) Purchase Scheme came into operation on 1 January 2016. The Scheme is open to eligible tenants, including joint tenants, of local authority houses that are available for sale under the Scheme. Guidance was provided to local authorities in November 2015 regarding the operation of the Scheme.

Under the 2016 Scheme, maisonettes and duplex units provided in blocks that require arrangements between accommodation owners for regular upkeep and maintenance of common structures, works and services are excluded from sale under the 2016 Scheme. Maisonettes in blocks of 4 or less may not be sold except where individual maisonettes or duplex units have the same degree of independence from adjoining accommodation as semi-detached or terraced houses and can be sold in fee simple without conditions additional to the prescribed sale conditions.

In respect of maisonettes or duplex units that are located in blocks of 5 units or more, provision has been made to allow tenants to potentially purchase these under the Tenant Purchase of Apartments Scheme. Part 4 of the Housing (Miscellaneous Provisions) Act 2009 and the associated Housing (Tenant Purchase of Apartments) Regulations 2011 provided for the commencement of that scheme and the terms and conditions of the scheme, which came into operation on 1 January 2012.

It is a matter for the housing authority to determine on a case-by-case basis which set of circumstances applies to a particular maisonette or duplex unit.

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