Written Answers Nos. 313-335
313. Deputy John Lahart asked the Minister for Housing, Local Government and Heritage if he will outline the progress that has been made to date on the preparation of a remediation scheme for apartments with defects, and specifically, in relation to payment for works already carried out; and if he will make a statement on the matter. [53037/22]
Amharc ar fhreagraThe Programme for Government sets out a commitment to examine defects in housing, having regard to the recommendations of the Joint Oireachtas Committee on Housing’s report Safe as Houses?, and to assist owners of latent defect properties by identifying options for those impacted by defects, to access low-cost, long-term finance. In response, in February 2021, I established a Working Group to examine the matter. The Group was chaired by former Donegal County Council CEO Seamus Neely.
I received the comprehensive report of the Working Group on 28 July titled Defects in Apartments - Report of the Working Group to Examine Defects in Housing , and I published it straight away.
On 27 September, I brought a Memorandum to Government to inform Government of the content of the report and of the next steps that I will be taking.
In that context, I will now, in consultation with Government colleagues, develop options with a view to providing support to homeowners who find themselves in a difficult financial situation through no fault of their own.
Firstly, an inter–departmental/agency group has been established to bring forward specific proposals to Government by the end of the year. In addition, an advisory group to develop a Code of Practice will be established to provide guidance to building professionals and local authority building control / fire services, including guidance on interim safety measures, in line with Recommendation 8 of the Working Group’s report and in the context of the Fire Services Acts.
I also intend on liaising with key stakeholders such as homeowner representatives and the insurance sector, as matters progress. My Department is also engaging with the Housing Agency for the provision of advice in relation to implementation of the recommendations of the Report.
315. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if he will provide a list of all housing estates and properties not under the purview of local authorities; the number of units and residencies individually affected in Dún Laoghaire, Rathdown and across the country; and if he will make a statement on the matter. [53049/22]
Amharc ar fhreagraI understand from clarifications my Department have received from the Deputy’s Office that the Deputy is requesting details of private housing estates that are not in Local Authority ownership.
My Department does not retain records on private housing estates and as such is not in a position to provide the information requested.
316. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the supports that are available in Cork for survivors of institutional abuse who find themselves homeless. [53142/22]
Amharc ar fhreagraMy Department’s role in relation to homelessness involves the provision of a national framework of policy, legislation and funding to underpin the role of local authorities in addressing homelessness at a local level. Statutory responsibility in relation to the provision of homeless accommodation and related services rests with individual local authorities.
Under the Housing Act 1988 it is a matter for each local authority to determine whether a person is regarded as homeless; 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. Any household assessed as homeless may be placed into temporary emergency accommodation without the requirement to undergo a social housing assessment, allowing local authorities the flexibility that is essential to respond quickly and effectively to the various needs of cases that may arise.
317. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he will provide an update on Ireland’s marine protected areas [53276/22]
Amharc ar fhreagraAchieving an expanded and effective network of Marine Protected Areas (MPAs) in Irish waters continues to be a priority. In this regard, the Government remains committed to achieving 30% coverage of MPAs in our Maritime Area by 2030, in line with the Programme for Government, the EU Biodiversity Strategy for 2030, and a number of International initiatives such as the UN post-2020 Global Biodiversity Framework.
On 27 July 2022 the Government gave its approval for the development of a General Scheme of new stand-alone legislation that will enable MPAs in our waters to be defined, designated and effectively managed.
Work has been ongoing on this proposed legislation since July, including engagement with the Office of the Attorney General. It is intended to seek approval for the publication of the General Scheme as soon as possible.
The proposed MPA legislation is intended to work in parallel with our Maritime Area Planning Act 2021 and the full suite of existing legal biodiversity protection measures, such as provisions under the Wildlife Acts, the Marine Strategy Framework Directive, the EU Birds and Habitats Directives, and the EU Common Fisheries Policy for example. This is in order to effectively balance all conservation requirements and the long-term, sustainable use of Ireland’s valuable and diverse marine environment.
Further details of the substantive work, outcomes and consultations undertaken so far by my Department are available through the following link: gov.ie/en/publication/e00ec-marine-protected-areas/.
318. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage if he has considered to hold both the referendum on housing and the referendum on public ownership of water together; when it is expected to be held; and if he will make a statement on the matter. [53344/22]
Amharc ar fhreagraA Framework for the future delivery of water services was identified with unions at the Workplace Relations Commission on 24 June 2022. My Department also hosted parallel engagement with unions on a number of policy matters of relevance to workers in the context of the overall water transformation programme, including a referendum on water ownership. A paper entitled Irish Water Transformation - the Wider Policy Context was shared with unions on 18 July 2022 to reflect the engagement outcomes and is available to member in the Oireachtas Library. This paper sets out the planned approach to bring forward a referendum proposal on water ownership for consideration by Government in conjunction with the anticipated recommendation of a proposed referendum on housing from the Commission on Housing. In this way, it is intended that definitive proposals, including timelines, for referenda on water and housing will be considered by Government in the near future.
320. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if the consolidation of planning legislation planned for the last quarter of 2022 is to occur, taking into account the loophole that allows change of use for student accommodation; and if he will make a statement on the matter. [53380/22]
Amharc ar fhreagraThe review and consolidation of the Planning and Development Act 2000 (as amended) is progressing in line with the timeline set out by the Office of the Attorney General, who is leading on the project. The Attorney General has established a working group of planning law experts to assist him with the review and there is ongoing, intensive engagement between the working group and my Department.
The Review is a key commitment in the Government’s Housing for All plan, with the aim of improving the functioning of the planning system. All aspects of the Planning and Development Act 2000 (as amended) will be examined in the context of the review, including those pertaining to Student Accommodation.
In the meantime the Department issued Circular 05/2021 - Temporary Change of Use of Student Accommodation on 24 September 2021 which resolves the issue raised by the Deputy. This Circular states that when considering planning applications for the change of use of existing student accommodation for a temporary period, planning authorities and An Bord Pleanála must be satisfied that there are compelling non-Covid related grounds to grant permission for any such proposed change of use, while demand for student accommodation remains high.
The full circular can be viewed at the following link: gov.ie/ga/ciorclan/cbd9f-circular-nrup-052021-temporary-change-of-use-of-student-accommodation/
321. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage the status of the plan under the last quarter of 2022 to increase the borrowing capacity of the Housing Finance Agency to help local authorities finance land acquisition for social housing; and if he will make a statement on the matter. [53381/22]
Amharc ar fhreagraAction 18.5 of Housing for All aims to legislate to increase the borrowing capacity of the Housing Finance Agency (HFA), with a review in two years, to support the Local Government sector in land acquisition and delivery of social and affordable homes.
The HFA plays a leading role in the financing of Local Authorities. Approved Housing Bodies (AHB) and the education sector to deliver housing and student accommodation. When completed, Action 18.5 will provide the HFA with the necessary resources to match the demand for financing over the lifetime of Housing for All.
A primary legislative amendment is required to increase the borrowing capacity of the HFA from €10 billion to €12 billion. I anticipate that this will be achieved by Q2 2023. In the interim the Agency has more than enough capacity to continue to fully fund the delivery programme set down in Housing for All.
325. Deputy Jackie Cahill asked the Minister for Housing, Local Government and Heritage if he will liaise with the Local Government Management Agency and the County and City Management Association with respect to when a full consultation will take place with Tipperary County Council staff in relation to their transfer to Irish Water, given that little to no consultation has taken place with the staff to date, and that they have serious concerns about the terms and conditions of their contracts and restrictions on their promotional prospects; and if he will make a statement on the matter. [53428/22]
Amharc ar fhreagraA Framework for the future of Water Services was identified on 24 June 2022 following a comprehensive process of engagement with unions under the aegis of the Workplace Relations Commission.
The Framework enables Irish Water to work in conjunction with local authorities and current water services staff to complete the integration of public water services into its own organisational structure, as envisaged in the Government’s Policy Paper on Water Sector Transformation (February, 2021).
The Framework itself already provides for a comprehensive engagement exercise to be carried out with local authority water services staff to communicate the Framework details directly to staff. This will ensure all water services workers will fully understand the options available to them under the Framework.
It is important to note that any transfers of staff to become permanent employees of Irish Water will be on a voluntary basis, and will have no implications for the security of tenure of the staff concerned.
326. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage the number of recommendations pertaining to county development plans that have been issued to him from the Office of the Planning Regulator, per local authority in tabular form; the number of these recommendations that have been acceded to; the number that have not been acceded to; and if he will make a statement on the matter. [53450/22]
Amharc ar fhreagraSince its establishment in April 2019, the Office of the Planning Regulator (OPR) has assessed and evaluated twenty-two city and county development plans to adoption stage. Of these twenty-two plans, fourteen have been the subject of a notice letter under Section 31AM(8) of the Planning and Development Act 2000 as amended from the Office recommending that I issue a draft Direction. I have issued all these draft directions.
The table below lists the Local Authorities where the OPR have issued a notice letter to issue a draft Direction and the list of Local Authorities to which I have issued a Final Direction.
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- |
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Local Authority (LA) OPR Notice Letter Recommending Draft Direction |
Local Authority (LA) Final Direction Issued By Minister |
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Donegal County Council |
Meath County Council |
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Kerry County Council |
Laois County Council |
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Mayo County Council |
Galway County Council |
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Cork City Council |
Dún Laoghaire-Rathdown County Council |
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South Dublin County Council |
Westmeath County Council |
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Limerick City and County Council |
Cork County Council |
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Galway County Council |
|
|
Cork County Council |
|
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Dún Laoghaire-Rathdown County Council |
|
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Laois County Council |
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|
Meath County Council |
|
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Kilkenny County Council |
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|
Wicklow County Council |
|
|
Westmeath County Council |
Of the fourteen draft directions issued pursuant to Section 31AN (4) of the Planning and Development Act, as amended, the OPR subsequently recommended that I issue final Directions on nine of these plans. Six of these directions have now issued and the remaining recommendations are under consideration.
There have been four occasions where it has been decided not to include all of the recommendations made by the OPR in issuing either a draft or a final Direction. These are listed as follows:
1. The Section 31 draft Direction on the Kerry County Development Plan 2022-2028 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy.
2. The Section 31 Final Direction on the Cork County Development Plan 2022-2028 did not issue on two of the recommendations made by the OPR relating to retail planning policy.
3. The Section 31 final Direction on the Westmeath County Development Plan 2021-2027 did not issue on one of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy.
4. The Section 31 final Direction on the Laois County Development Plan 2022-2028 did not issue on 1 of the recommendations made by the OPR relating to renewable energy targets, specifically wind energy.
For each of the four listed above, I have prepared and submitted a statement of reasons to both Houses of the Oireachtas as to why I have not agreed with the recommendations of the OPR and this information is available for review by the Deputy.
327. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage if the Office of the Planning Regulator has completed and submitted its annual report for 2022; if not, when is it due to be published; if a copy of the 2021 report will be provided; and if he will make a statement on the matter. [53451/22]
Amharc ar fhreagraSection 31AH of the Planning and Development Act 2000 (the Act), as amended, requires the Office of the Planning Regulator (OPR) to prepare and submit an Annual Report to my Department no later than the 30th day of June of each year. The OPR’s Annual Report shall include information on the performance of its functions and its principal activities during the preceding year.
In accordance with the above, the OPR’s 2022 Annual Report, which will cover the period 1 January to 31 December 2022, is due to be submitted by 30 June 2023.
The 2021 Annual Report was submitted to my Department on 20 June this year and was laid before the Houses of the Oireachtas by the OPR in accordance with section 31AH(2) of the Act on 15 July 2022. The 2021 Annual Report has been published on the OPR website and is available at the following link – publications.opr.ie/view-file/103 .
It should be noted that 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 the Office of the Planning Regulator is oireachtas@opr.ie .
328. Deputy Pádraig O'Sullivan asked the Minister for Housing, Local Government and Heritage his views on the fact that the Office of the Planning Regulator has ignored two recent court judgements which found in favour of Cork County Council during the county development process; the engagement that he has had with the Office of the Planning Regulator in this regard; the advice that he received from the office in relation to this matter; and if he will make a statement on the matter. [53452/22]
Amharc ar fhreagraThe Cork County Development Plan 2022 – 2028 was made by the elected members of Cork County Council on 25th April 2022. In accordance with section 31AM(6) of the Planning and Development Act 2000 (as amended) (the Act) the Chief Executive of Cork County Council issued a notice to the Office of the Planning Regulator (OPR) informing the Office of where the planning authority had decided not to comply with recommendations made in the relevant report of the Office.
The Office considered this notice and issued a notice under section 31AM(8) of the Act to me, as Minister responsible, on 20th May 2022 recommending that I exercise my function to take such steps to ensure that the plan sets out an overall strategy for the proper planning and sustainable development.
Minister O’Brien subsequently issued the notice of intention to direct to the Chief Executive of Cork County Council on 3rd June 2022.
The subsequent process entailed the following steps:
- A 2 week public consultation began on the draft Direction on 17th June which was open for submissions up to and including July 1st .
- No later than 4 weeks after the expiry of consultation period, the Chief Executive prepared a report on submissions received, which was submitted to the elected members, the Office and to me, as Minister responsible.
- The OPR then considered the Chief Executive’s report and submissions received and further recommended to me that the final Direction be issued on the Cork County Development Plan 2022 – 2028.
Following consideration of the OPR’s recommendation, the Section 31 Ministerial Direction process on the Cork County Development Plan 2022-2028 concluded on 28th September 2022, when I issued a final Direction on the Plan to the Chief Executive of Cork County Council, pursuant to section 31 of the Act (a copy is available at gov.ie/en/publication/92562-cork-county-development-2022-2028/) The Direction did not issue on two of the recommendations made by the OPR relating to retail planning policy. When issuing this Final Direction, I also prepared and submitted a statement of reasons (SoR) to both Houses of the Oireachtas as to why I did not agree with two of the recommendations of the OPR. This statement of reasons (available here: assets.gov.ie/236951/455c3fa3-452d-43b1-bfdc-f2200812ede3.pdf ) outlines the circumstances and reasons why I did not proceed with those two recommendations.
As the Section 31 process relating to the Cork County Development Plan 2022-2028 has now concluded, I shall be making no further comment on the matter.
329. Deputy John Paul Phelan asked the Minister for Housing, Local Government and Heritage the extent to which he is aware of persons who apply under homeless housing assistance payment, HAP, in the jurisdiction of Fingal County Council being transferred to the housing list of another local authority area Dublin City Council; and if he will make a statement on the matter. [53455/22]
Amharc ar fhreagraThe day-to-day operation of the social housing system, including the oversight and practical management of the lists of qualified households awaiting accommodation, is a matter solely for each local authority.
Section 20 of the Housing (Miscellaneous Provisions) Act 2009 and the Social Housing Assessment Regulations 2011, as amended, set down a standard procedure for assessing applicants for social housing support. Under this procedure, a household may apply for support to one housing authority only, which may be the authority for the area in which the household normally resides or with which it has a local connection, or the authority that agrees, at its discretion, to assess the household for support. A household, meeting either the residence or local connection condition, may specify up to three areas of choice for receipt of support in the areas of all housing authorities in the county and city concerned and, if qualified, will be entered on the housing waiting list of each of those housing authorities.
Under Housing Assistance Payment (HAP), households at risk of homelessness may be eligible for additional supports. To qualify for specific additional supports available to homeless households, a household must have been determined by the relevant local authority to be homeless within the meaning of section 2 of the Housing Act 1988. The operation of local homeless services is a matter for each local authority.
Consistent with the provisions in the Housing (Miscellaneous Provisions) Act 2014, the HAP scheme is considered to be a social housing support and consequently households in receipt of a payment under the HAP scheme are not eligible to remain on the main housing waiting list. However, acknowledging that some households on the waiting list, who avail of HAP, have expectations that they would receive a more traditional form of social housing support, Ministerial directions have issued to ensure that, should they so choose, HAP recipients can avail of a move to other forms of social housing support through a transfer list.
Local authorities are also directed that HAP recipients who apply to go on the transfer list should get full credit for the time they spent on the waiting list and be placed on the transfer list with no less favourable terms than if they had remained on the waiting list.
The practical operation of transfer lists is a matter for each local authority to manage, on the basis of their own scheme of letting priorities. The making of such schemes is a reserved function of the local authority and as such is a matter for the elected members.
330. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the analysis that led to setting the threshold for cost rental at €53,000 net income, given that this is far below income levels which would give the capacity to families to purchase in Dublin even with the shared equity schemes; and if he will allow persons with income somewhat in excess of this threshold to apply for cost rental now or in the foreseeable future. [53478/22]
Amharc ar fhreagraThe policy intent of developing a new Cost Rental sector in Ireland is to assist those on moderate incomes who are facing affordability pressures in the private rental market and may not qualify for social housing supports. The main eligibility condition for leasing a Cost Rental dwelling is that a household’s annual income, less income tax, PRSI, USC and superannuation contributions, must not be greater than €53,000, as per the Cost Rental Letting and Eligibility Regulations:
irishstatutebook.ie/eli/2021/si/755/made/en/print
Cost rents are set to cover the costs of providing, financing, managing and maintaining each home. In order to reduce these costs, thereby making the rent lower and more affordable for the tenant, upfront State capital subsidies are being deployed including the Cost Rental Equity Loan (CREL) scheme for Approved Housing Bodies (AHBs) and the Affordable Housing Fund (AHF) for Local Authorities. As such, income limits are important in targeting these limited State resources at those who fall within the moderate income cohort and are considered most in need of support.
This net income limit of €53,000 for Cost Rental is equivalent to gross incomes in the region of €80,000 per year for single and dual-income households. This income eligibility limit was informed by considering affordability and the cost rents achievable under CREL and with data on median income levels. The parameters for Cost Rental eligibility will be kept under review to ensure the scheme best targets the support provided.
Households who are eligible for Cost Rental or who may be in receipt of household incomes in excess of the scheme’s eligibility limit may also eligible for the range of schemes that the Government has introduced under its Housing for All strategy to support those who wish to purchase their own home. This includes the First Home scheme and the Local Authority Affordable Purchase scheme. These are in addition to existing supports through the Local Authority Home Loan and the Help to Buy scheme, which are all designed to assist first-time buyers to obtain the mortgage finance necessary to purchase their own home.
The First Home scheme has begun to provide affordably constrained first-time buyers with assistance to bridge the gap between the level of funding they can access through a mortgage and the price of a new home. Homes under the scheme must be made available at prices below €450,000 in the Dublin region. It is worth noting that South Dublin and Fingal represent the significant majority of new First Time Buyer Homes in Dublin and the median price of these homes in these local authority areas is € 395,000 and € 420,000 respectively. Given both the 20% of equity support available under First Home and the recent announcement by the Central Bank amending the macro prudential rules to allow Loan to Value ratios of 4:1 times annual income from January 1st 2023, there would be new homes available through the scheme for those on household incomes of below €80,000 in Dublin.
Separately, the first properties are also being sold under the Local Authority affordable purchase scheme, funded by my Department's Affordable Housing Fund and the scheme will ramp up delivery from this point forward. For example, the first 16 homes at Kilcarbery Grange, a South Dublin County Council development, are being sold to eligible purchasers at between €245,600 and €285,300, well below the median first-time buyer price of €385,000 for a home in the area. Further homes are being delivered in Q4 2022 by Fingal County Council at Dun Emer in Lusk, where 2-bed apartments were made available for €166,000, and 3-bed dwellings available for between €206,000 and €258,000.
331. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the total number of tree preservation orders that are currently in place nationally; the number that were issued in the past five years, broken down by local authority area as designated under section 205 of the Planning and Development Act 2000; and if he will make a statement on the matter. [53483/22]
Amharc ar fhreagraDetailed provisions in relation to the preservation of trees are set out in section 205 of the Planning and Development Act 2000, as amended. Under these provisions, planning authorities may - where it appears to them to be expedient in the interests of amenity or the environment - make a tree preservation order (TPO) in respect of any tree, trees, group of trees or woodlands specified in the order. The principal effect of a TPO is to prohibit the cutting down, topping, lopping or wilful destruction of trees without the planning authority’s consent. The order can also require the owner and occupier of the land subject to the order to enter into an agreement with the planning authority to ensure the proper management of the tree, trees or woodland in question.
The development and oversight of the implementation of TPOs is a matter for the individual planning authority in whose functional area the relevant trees or woodland are located.
The specific information requested in relation to tree preservation orders is no longer collated by my Department. However, individual local authorities may compile information in this regard. Data on tree preservation orders which was collected for the years 1998 to 2012 is available on my Department's website at the following link:
gov.ie/en/service/9e4ee-get-planning-statistics/
332. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the status of the consultative committee on building regulations and fire safety; the number of meetings that the committee has held; the outcomes of its discussions; the composition of the committee; the outputs that the committee will publish; when they will be published; and if he will make a statement on the matter. [53484/22]
Amharc ar fhreagraAwaiting reply from Department.
333. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage if he and his Department in the intended public consultation on the building regulations and fire safety technical guidance documents will consider the design, construction, workmanship and materials used on and for high-rise and high-risk buildings specifically any building over 11 m or four or more storeys high or of a specific purpose for example public buildings or for vulnerable people and the use of and regulation in relation to combustible materials on these buildings; and if he will make a statement on the matter. [53485/22]
Amharc ar fhreagraAwaiting reply from Department.
334. Deputy Cian O'Callaghan asked the Minister for Housing, Local Government and Heritage the timeframe for when the intended public consultation on the building regulations and fire safety technical guidance documents will be published and open for submissions; and if he will make a statement on the matter. [53486/22]
Amharc ar fhreagraAwaiting reply from Department.
335. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the total number of special amenity areas currently in place nationally; the number designated in the past five years by local authority area, as designated under section 202 of the Planning and Development Act 2000; and if he will make a statement on the matter. [53488/22]
Amharc ar fhreagraProvisions in relation to the making of special amenity areas are set out in section 202 of the Planning and Development Act 2000, as amended. Under these provisions, a planning authority may make an order declaring a specified area to be an area of special amenity, for reasons of its outstanding beauty or its special recreational value, and having regard to any benefits for nature conservation.
The making of a Special Amenity Area Order is a reserved function of the elected members of a local authority. However, as Minister I may, if I consider it necessary, direct a planning authority to make an order declaring a specified area to be an area of special amenity for the same reasons as outlined above. I or my predecessors have not made any such direction in the past five years.
The specific information requested in relation to the number of Special Amenity Areas nationally and the number designated in the last five years is not collated by my Department. This information may be sought directly from the relevant Local Authorities.
