Written Answers Nos. 154-174
154. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage his plans to increase the cap on the housing aid for older persons grant; and if he will make a statement on the matter. [3429/23]
Amharc ar fhreagraMy Department provides funding to local authorities for the Housing Adaptation Grants for Older People and People with a Disability Scheme. These schemes assist eligible applicants living in privately owned homes to make their accommodation more suitable for their needs, with Exchequer funding of €65 million available nationally in 2022. Voted capital funding of €66.5 million is available in 2023, which is an increase of €1.5 million on the 2022 provision of €65 million, continuing the year on year increases since 2014.Housing for All commits to reviewing the suite of Housing Adaptation Grants for Older People and People with a Disability. A report on the review of the Housing Adaptation Grants for Older People and People with a Disability has been prepared by my Department. I will be giving careful consideration to the review report and expect to make a decision on the recommendations in the report as soon as possible.
155. Deputy Bernard J. Durkan asked the Minister for Housing, Local Government and Heritage the extent to which he can identify through the various local authorities suitably developed sites on which builders can be contracted to provide extra homes in the shortest possible time and utilising variations of housing proposals to achieve these including modular homes, log cabins as well as conventional methods to provide houses for both those on local authority waiting lists and those who have so far failed to qualify for a mortgage or an affordable house; and if he will make a statement on the matter. [3636/23]
Amharc ar fhreagraHousing for All is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes, 36,000 affordable purchase homes and 18,000 cost rental homes. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency.Under Housing for All, the Government will deliver 47,600 new build social homes; 3,500 social homes through long-term leasing and 28,500 new affordable homes in the period 2022-2026. In September 2021, I issued social housing targets to each local authority for the period 2022-2026.
A key action of Housing for All is that local authorities developed and submitted Housing Delivery Action Plans to include details of social and affordable housing delivery. The Plans set out details of both social and affordable housing delivery as appropriate over the period 2022-2026, in line with targets set under Housing for All. The Plans also include details of land available to deliver housing in addition to land acquisition requirements.
Modern methods of construction (MMC) has been identified as a key measure to address increased housing delivery and methods to support increased use of MMC are set out in Pathway 5 of Housing for All. The Housing for All Action Plan Update and Quarter 3 2022 Progress Report, which was published on 2 November, includes a new action to develop a roadmap with targets for increased use of MMC in public housing.
Modern Methods of Construction is used to describe a range of offsite manufacturing and innovative onsite techniques that provide alternatives to traditional house building. Modern Methods of Construction can be completed dwelling units manufactured in a factory setting and transported to site, or panelised components manufactured in a factory and assembled on site. All Modern Methods of Construction systems must be of a high quality, comply with all requirements of the Building Regulations and have a 60 year durability
My Department is now working closely with the local authorities to increase the use of MMC in social and affordable housing.
156. Deputy Pádraig Mac Lochlainn asked the Minister for Housing, Local Government and Heritage if he will introduce urgent amendments to the remediation of dwellings damaged by the use of Defective Concrete Blocks Act 2022 following his announcement of the details of the scheme to assist homeowners of defective apartments, to ensure that all victims of the failure of State regulation and oversight are treated the same and have access to the same State support and redress. [3720/23]
Amharc ar fhreagraThe purpose of the Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 is to implement and give legislative underpinning to a series of measures to improve and enhance the current grant scheme, as agreed by Government on 30 November 2021.
The current and enhanced defective concrete block (DCB) grant schemes are not compensation or redress schemes. They are remediation grant schemes of last resort, put in place by the Government in order to voluntarily assist homeowners to remediate damage caused by the use of defective concrete blocks.
The 2022 Act will be commenced once the related Regulations have been finalised. Draft Regulations have been prepared, which will be the subject of consultation with key stakeholders before the Regulation are finalised and adopted in early 2023. It is intended that the consultation with key stakeholders, which will be conducted by the appointed Homeowners’ Liaison Officer, will commence before the end January 2023.
With respect to defective apartments, I received Government approval on 18 January 2023 to draft legislation to support the remediation of fire safety, structural safety and water ingress defects in purpose-built apartment buildings, including duplexes, constructed between 1991 and 2013. This legislation will provide a statutory basis for the establishment of a remediation scheme aimed at protecting the safety and welfare of those living in apartments or duplexes. It is intended that only works relating to defects that are attributable to defective design, defective or faulty workmanship or defective materials (or any combination of these) and were in contravention of the Building Regulations applicable at the time of construction will be eligible for inclusion in the scheme.
Government has approved the principle of allowing remediation costs already incurred or levied to be covered under the remediation scheme once such costs fall within the scope and defined parameters of said scheme.
Work is now underway to draft the required legislation which will include the scope, eligibility and conditions of the defective apartments remediation scheme, which will become operational following implementation of the required legislation. The legislative approach proposed for remediating defects in apartments may also be applicable to apartment buildings affected by defective concrete blocks and this will be considered further in tandem with the development of that legislation.
160. Deputy Gino Kenny asked the Minister for Housing, Local Government and Heritage if he will ensure that a mechanism is put in place for councils/AHBs to buy homes where there is a notice to quit and the tenants are above the income limits for social housing but below the limit for cost rental; and if he will make a statement on the matter. [3713/23]
Amharc ar fhreagraHousing for All, is the Government’s plan to increase the supply of housing to an average of 33,000 per year over the next decade. This includes the delivery of 90,000 social homes by 2030. Housing for All is supported by an investment package of over €4bn per annum, through an overall combination of €12bn in direct Exchequer funding, €3.5bn in funding through the Land Development Agency and €5bn funding through the Housing Finance Agency. On 19 January my Department issued a circular letter to local authorities advising that social housing acquisitions by local authorities and AHB CALF acquisitions in 2022 would be focused on a number of priority areas, as follows:
- One-bedroom units to deliver on Housing First and meet the short supply in this category;
- Other properties that allow persons/families to exit homelessness; and
- Specific housing required for/suitable for individuals with a disability or other particular
In April, a further circular letter issued to local authorities in relation to social housing acquisitions. The key purpose of this circular was to advise local authorities that I had reinstated the delegated sanction to local authorities in respect of social housing acquisitions which are:
- in one of the priority categories set out in the January circular letter;
- are in line with acquisition cost guidelines; and
- can be completed during 2022.
In November 2022 I extended this until the end of June 2023. Social housing acquisitions must be allocated to a household on the social housing waiting list, in accordance with the local authority allocations scheme. As such, a property cannot be acquired by the local authority for a tenant that is not eligible for social housing supports.
Cost Rental is a new form of rental tenure designed to assist moderate-income households above the income limits for social housing. The Government’s Housing for All plan targets the delivery of 18,000 Cost Rental homes by 2030, primarily through delivery by Approved Housing Bodies (AHBs), Local Authorities and the Land Development Agency (LDA). Funding has been allocated to AHBs through the Cost Rental Equity Loan (CREL) scheme, and to Local Authorities through the Affordable Housing Fund (AHF).
Rents for Cost Rental are a direct function of the costs of constructing, financing, managing and maintaining the homes. This means that the lower these costs the more affordable the resulting rents are for the tenants. These costs are modelled over a 40-year period, with the ongoing management and maintenance costs tending to be a large proportion of the overall costs when calculated over this length of time. As such, ensuring properties purchased for Cost Rental are new-build homes and that value engineering with long-term maintenance in mind is considered at the outset can help put downward pressure on costs and assist in making rents more affordable for tenants. A central goal of Cost Rental policy is to deliver the homes in larger numbers at each development. This approach brings economies of scale, which means that the day to day management of properties and their maintenance becomes more financially sustainable than managing individual properties. As such, under the Cost Rental Equity Loan available to AHBs, applications for funding must be for a minimum of 10 properties, with larger developments preferred.
Separately, and under primary legislation, the process of allocating a tenancy under Cost Rental is bound by legislative provisions. Any tenancy must be leased to a tenant whose household falls within prescribed eligibility conditions. These conditions would not facilitate awarding a cost rental tenancy to an ‘in-situ’ tenant. The Regulation broadly require the imposition of a net income limit of €53,000 per household, plus the selection of tenants on an open application basis, and where demand exceeds supply, by use of a lottery of all eligible applicants. The latter aspect was partly designed to ensure equitable access to State-supported Cost Rental homes, and this element in particular would not be compatible with acquiring properties with existing tenancies. Therefore, there are no plans at present to facilitate the purchase of second-hand individual properties for Cost Rental, with the limited capital funding available being focused on the acquisition and development of additional new units to help increase the overall housing stock.
163. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage the progress he has made to date on progressing the pilot scheme for unsewered villages; the up-to-date position on progress made for these projects; the timetable for the completion of these projects in County Clare; and if he will make a statement on the matter. [3613/23]
Amharc ar fhreagraI understand the Question is referring to the new funding measure which I announced on the 28 April 2022, as an advance stage of the Multi-Annual Rural Water Programme 2022-2025, for the waste water collection and treatment needs of villages and settlements that do not have access to public waste water services.
To fund this measure, an allocation of €50 million has been committed under the National Development Plan up to 2025.
All local rural authorities were asked to submit their requests for funding for a maximum of two priority applications, with the deadline being 15 September 2022. I can confirm that Clare County Council have submitted applications, namely Broadford and Cooraclare.
An independent Expert Panel is currently evaluating all aspects of all valid applications and based on the report from the Panel, recommendations for funding will be made.
164. Deputy Paul McAuliffe asked the Minister for Housing, Local Government and Heritage his plans to provide affordable purchase and cost rental housing in Dublin 9 and Dublin 11; and if he will make a statement on the matter. [3430/23]
Amharc ar fhreagraUnder Housing for All, the Government will deliver 54,000 affordable homes between now and 2030, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through a strategic partnership between the State and retail banks.
2022 represented the first year of a very ambitious programme of affordable housing delivery. Significant funding has been secured and is being made available to support delivery of affordable housing for purchase or for cost rental by local authorities, including those in Dublin City.
Funding under the various streams is made available on a programme basis in support of approved affordable housing schemes, rather than by allocations to counties. Housing for All has the largest ever housing budget in the history of the State to transform our housing system, with in excess of €20 billion in funding through the Exchequer, the LDA and the Housing Finance Agency over the five years.
Local authorities have published 5 year Housing Delivery Action Plans setting out affordable housing delivery targets up to 2026. Dublin City Council has a target of 2,114 affordable homes over this period, not including additional affordable homes that will be delivered through AHBs and the higher Part V requirements introduced through the Affordable Housing Act 2021. Dublin City Council's delivery plan can be accessed on its website.
Local authorities have begun collating information on the delivery of affordable homes in their area in the same manner as is currently undertaken for social housing. It is intended that information on delivery across all delivery streams will be coordinated by my Department and I expect that my Department will be in a position to commence reporting on affordable delivery figures in national quarterly delivery statistics this quarter.
Dublin City Council made an Affordable Housing Fund (AHF) application to my Department in October 2022, to assist in the delivery of 12 affordable purchase homes in Poppintree, Ballymun. I approved this funding application last month and Dublin City Council has advised that these homes will be completed by the end of 2024.
Dublin City Council submitted the final funding application documents to my Department for Oscar Traynor Road last month. The application is currently under assessment and a decision on funding approval will be issued to Dublin City Council shortly. Dublin City Council has advised that the delivery of these units would commence in early 2025.
Dublin City Council have also indicated their intention to resubmit previously approved Serviced Sites Fund (SSF) applications in both Balbutcher and Sillogue in Ballymun, Dublin 11 for AHF funding to my Department shortly.
Finally, the First Home Shared Equity scheme was launched in July 2022, and now supports affordability-constrained households who wish to purchase a newly constructed home through the private market. This scheme will bridge the gap between the cost of the newly constructed home and the maximum mortgage the household, the maximum deposit (combined with Help-to-Buy support) that the household can obtain. In the Dublin City area, this scheme supports purchases up to the value of €450,000 for newly constructed houses and up to €500,000 for newly constructed apartments. 194 applications were approved for Dublin in 2022. This scheme is administered by the First Home DAC. Full details can be found at www.firsthomescheme.ie/
165. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the implementation of the 32 recommendations from the Expert Group Report on Traveller accommodation. [3595/23]
Amharc ar fhreagraThe Housing (Traveller Accommodation) Act 1998 provides that housing authorities have statutory responsibility for the assessment of the accommodation needs of Travellers and the preparation, adoption and implementation of multi-annual Traveller Accommodation Programmes (TAPs) in their areas. My Department’s role is to ensure that there are adequate structures and supports in place to assist the authorities in providing such accommodation, including a national framework of policy, legislation and funding.
The Traveller Accommodation Expert Review report, published in July 2019, reviewed the Housing (Traveller Accommodation) Act, 1998, and other legislation that impacts on the provision and delivery of accommodation for Travellers. The Expert Review report, which is intended to improve the effectiveness of the arrangements for providing accommodation for members of the Traveller community, has 32 recommendations across 4 categories aimed at:
1. Addressing research deficiencies, including how information is gathered and used;
2. Removing any potential delays and obstacles in the planning system in terms of delivery;
3. Increasing resources and delivery capacity; and
4. Strengthening governance arrangements.
The Programme Board, established to drive implementation of the recommendations from the Traveller Accommodation Expert Review report, agreed to report progress on implementation of the recommendations on my Department's website and this is available at the following link:
www.gov.ie/en/publication/37910-traveller-accommodation-expert-review-programme-board-update/
166. Deputy Ruairí Ó Murchú asked the Minister for Housing, Local Government and Heritage his Department's allocation to local authorities in 2023 for schemes (details supplied), including when the local authorities will be able to draw down the money; and if he will make a statement on the matter. [3306/23]
Amharc ar fhreagraThe Housing Adaptation Grants for Older People and People with a Disability facilitates older people and disabled people to remain living independently in their own homes. Voted capital funding of €66.5 million is available in 2023, which is an increase of €1.5 million on the 2022 provision of €65 million, continuing the year on year increases since 2014.
My Department also provides capital funding to local authorities for the Disabled Persons Grants (DPG) on an annual basis. These grants allow local authorities to undertake adaptations and extensions to their existing social housing stock, with a funding provision of €23 million available in 2023.
In advance of formal notification of the 2023 funding allocations to local authorities, work in respect of these programmes can continue as local authorities may commit up to 65% of their 2022 allocation in approving applications for 2023 for both grant schemes. This ensures seamless continuation of these grant schemes from year to year. I expect that the 2023 funding allocations will issue shortly to local authorities.
167. Deputy Cormac Devlin asked the Minister for Housing, Local Government and Heritage the timeframe for the introduction of proposed planning reforms; and if he will make a statement on the matter. [3715/23]
Amharc ar fhreagraThe key aim of the review and consolidation of the Planning and Development Act 2000, which was led by the Attorney General, was to put plan-making at the centre of the planning system by bringing increased clarity and streamlining to the legislation and improving the functioning of the planning system for both practitioners and the general public. This Review and the Draft Bill it has produced represents the most comprehensive review of planning since the Act was first drafted.
The Draft Planning and Development Bill 2022 was agreed by Government on the 13 December 2022 and the Draft Bill will be published on my Department's website this week.
It will be sent for pre-legislative scrutiny once it has been published and the aim is to have it enacted by the summer, subject to the Oireachtas timetable.
168. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the delivery of affordable homes in the Poolbeg SDZ, St. Michael's Estate, O‘Devaney Gardens and Oscar Traynor Road. [3594/23]
Amharc ar fhreagraUnder Housing for All, the Government will deliver 54,000 affordable homes between now and 2030, to be facilitated by local authorities, Approved Housing Bodies (AHBs), the Land Development Agency (LDA) and through a strategic partnership between the State and retail banks.
2022 represented the first year of a very ambitious programme of affordable housing delivery. Significant funding has been secured and is being made available to support delivery of affordable housing for purchase or for cost rental by local authorities, including those in Dublin City.
Funding under the various streams is made available on a programme basis in support of approved affordable housing schemes, rather than by allocations to counties. Housing for All has the largest ever housing budget in the history of the State to transform our housing system, with in excess of €20 billion in funding through the Exchequer, the LDA and the Housing Finance Agency over the five years.
Local authorities have published 5 year Housing Delivery Action Plans setting out affordable housing delivery targets up to 2026. Dublin City Council has a target of 2,114 affordable homes over this period, not including additional affordable homes that will be delivered through AHBs and the higher Part V requirements introduced through the Affordable Housing Act 2021. Dublin City Council's delivery plan can be accessed on its website.
Local authorities have begun collating information on the delivery of affordable homes in their area in the same manner as is currently undertaken for social housing. It is intended that information on delivery across all delivery streams will be coordinated by my Department and I expect that my Department will be in a position to commence reporting on affordable delivery figures in national quarterly delivery statistics this quarter.
I have approved €62.4m AHF funding to assist with the delivery of almost 250 affordable purchase homes at O'Devaney Gardens, and over 370 cost rental homes at St Michael's Estate, Emmet Road.
The Emmet Road development will be a mix of studio, 1, 2 and 3 bedroomed cost rental apartments. A planning application was lodged to An Bord Pleanála in October 2022 and a decision is due in April 2023. Dublin City Council estimate that construction on Emmet Road will commence late 2024 and the affordable homes will be delivered in phases from early 2025 onwards.
Phase 1A of the scheme at O'Devaney Gardens is now complete with handover of the first 56 public homes. Construction of the affordable units is estimated to commence later this year with full delivery expected within 30 months of the commencement date.
Dublin City Council submitted the final funding application documents to my Department for Oscar Traynor Road last month. The application is currently under assessment and a decision on funding approval will be issued to Dublin City Council shortly. Dublin City Council has advised that the delivery of these units would commence in early 2025.
The regeneration of Poolbeg West is an important step in the transformation of the Dublin Docklands area, with the potential to provide for 3,500 homes. A condition of the planning scheme, as modified by An Bord Pleanála on 9 April 2019 is the provision of 15% social and affordable homes on this site in addition to the 10% statutory social housing requirement under Part V arrangements. My Department remains committed to working with Dublin City Council, and the developers of the Poolbeg SDZ area to progress this site, subject to agreement on this and all the normal and relevant terms, including value for money aspects. Engagement and work is ongoing in this respect.
169. Deputy Steven Matthews asked the Minister for Housing, Local Government and Heritage the position regarding the new regulations that will require a changing places toilet to be included in certain buildings as signed by him (details supplied); if these regulations are now in operation; and if he will make a statement on the matter. [3193/23]
Amharc ar fhreagraThe Building Regulations (Part M Amendment) Regulations 2022 will greatly improve community participation and social inclusion for people with complex care needs.
The key objectives of the Building Regulations (Part M Amendment) Regulations 2022 are to increase the provision of changing places toilets in certain new buildings, and to improve the accessibility and usability of existing building stock by making provision for a changing places toilet, where there is a significant extension or material change of use.
The types of buildings to which the regulations apply are listed in Table 1 of Technical Guidance Document M – Access and Use 2022 (TGD M) and include locations such as shopping centres, museums, galleries, cinemas, hotels, roadside service stations and heritage sites.
The number of new Changing Places Toilets provided in any county will be determined by construction activity commenced in that county and the number of buildings or works that meet the use and size criteria listed in Table 1 of TGD M.
The operative date of the Regulations is 1 January, 2023, it should be noted that subject to the transitional periods cited in the Regulation, the Building Regulations (Part M Amendment) Regulations 2022 will apply to buildings or works commenced after the 1st of January 2024.
171. Deputy Mark Ward asked the Minister for Housing, Local Government and Heritage the housing budget allocated per local authority; the housing budget not spent by local authorities in each of the years 2017 to 2022 and to date in 2023, in tabular form; and if he will make a statement on the matter. [3425/23]
Amharc ar fhreagraMy Department does not provide specific allocations to local authorities, rather funding for housing programmes is made to the local authorities as programmes and projects advance and relevant claims fall due for payment.
Funding provided by my Department to each Local Authority for Housing programmes in each of the years 2017 to 2021 is set out in the table below. The funding details for 2022 by local authority level are currently been finalised within my Department. Funding details for January 2023 will be collated at the end of the month.
|
Local Authority |
2017 €m |
2018 €m |
2019 €m |
2020 €m |
2021 €m |
|
Carlow |
17.7 |
22.5 |
33.6 |
27.7 |
35.0 |
|
Cavan |
9.9 |
13.8 |
16.6 |
15.7 |
16.9 |
|
Clare |
23.8 |
29.1 |
33.0 |
33.8 |
48.0 |
|
Cork City |
47.5 |
86.3 |
112.0 |
146.2 |
137.5 |
|
Cork County |
62.3 |
94.4 |
106.0 |
105.1 |
127.5 |
|
Dun Laoghaire Rathdown |
57.2 |
51.1 |
38.3 |
62.6 |
75.8 |
|
Donegal |
23.0 |
25.1 |
28.3 |
31.7 |
37.5 |
|
Dublin City |
301.8 |
439.9 |
454.8 |
519.3 |
540.6 |
|
Fingal |
76.9 |
127.6 |
140.3 |
134.2 |
102.8 |
|
Galway City |
20.6 |
28.7 |
51.4 |
55.1 |
69.1 |
|
Galway County |
11.8 |
23.8 |
28.2 |
47.4 |
50.5 |
|
Kerry |
25.4 |
45.5 |
46.6 |
53.8 |
50.6 |
|
Kildare |
61.5 |
91.9 |
147.5 |
107.3 |
115.2 |
|
Kilkenny |
24.4 |
42.8 |
50.8 |
48.7 |
44.0 |
|
Laois |
17.0 |
13.4 |
20.6 |
23.5 |
33.9 |
|
Leitrim |
2.9 |
5.0 |
5.9 |
8.7 |
12.0 |
|
Limerick* |
212.1 |
346.2 |
445.9 |
547.8 |
615.9 |
|
Longford |
7.0 |
15.8 |
24.0 |
15.7 |
31.4 |
|
Louth |
19.7 |
34.3 |
48.8 |
93.8 |
81.5 |
|
Mayo |
15.1 |
18.0 |
32.4 |
27.8 |
25.3 |
|
Meath |
30.2 |
64.4 |
82.9 |
82.5 |
79.8 |
|
Monaghan |
17.2 |
16.5 |
22.5 |
26.4 |
18.9 |
|
Offaly |
10.3 |
15.7 |
25.3 |
18.3 |
27.4 |
|
Roscommon |
9.4 |
7.4 |
12.3 |
10.5 |
13.1 |
|
Sligo |
15.2 |
20.1 |
23.3 |
19.9 |
21.5 |
|
South Dublin |
71.9 |
126.2 |
113.5 |
89.6 |
89.5 |
|
Tipperary |
30.3 |
43.6 |
42.2 |
49.5 |
58.5 |
|
Waterford |
19.9 |
50.5 |
49.6 |
45.0 |
54.9 |
|
Westmeath |
16.2 |
22.1 |
31.3 |
26.4 |
41.0 |
|
Wexford |
29.4 |
46.3 |
43.0 |
36.0 |
56.1 |
|
Wicklow |
11.9 |
42.1 |
71.4 |
84.9 |
88.9 |
|
Total |
1,299.4 |
2,010.0 |
2,382.3 |
2,594.9 |
2,800.7 |
- *Limerick City and County Council provides a highly effective HAP transactional shared service on behalf of all local authorities. This HAP Shared Services Centre (SSC) manages all HAP related rental transactions for the tenant, local authority and landlord. The Department does not recoup individual local authorities in respect of HAP rental payments in their administrative areas but rather recoups all landlord costs via the HAP SSC.
The administration of homeless services is organised across nine administrative regions, with one local authority in each of the regions acting as ‘lead authority’. The role of the lead authority for each region includes the disbursement of exchequer funding across the region. The lead authorities for the regions are Dublin City, Kildare, Limerick, Louth, Sligo, Waterford, Westmeath, Cork City and Galway City.
174. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage if he will provide an update on the planning regime designed to make it easier to develop renewable energy; and if he will make a statement on the matter. [2838/23]
Amharc ar fhreagraI wish to explain at the outset that my role as Minister in relation to the planning system is primarily to provide a policy and legislative framework under which the planning authorities, An Bord Pleanála (the Board) and the Office of the Planning Regulator (the OPR) perform their statutory planning functions. The legislative framework chiefly comprises the Planning and Development Act, 2000, as amended (the 2000 Act), and the Planning and Development Regulations, 2001, as amended (the 2001 Regulations). My Department has also issued Planning guidelines (available on my Department’s website www.housing.gov.ie) under section 28 of the 2000 Act, which planning authorities and the Board are obliged to have regard to in the exercise of their planning functions.
In making decisions on a planning application, a planning authority, or the Board as appropriate, must consider the proper planning and sustainable development of the area having regard to the provisions of the development plan, any submissions or observations received from the public and the statutory consultees, and any relevant Ministerial or Government policies as well as any guidelines issued by my Department.
In this regard, the Government launched the National Energy Security Framework (NESF) in April 2022. Under Response 25 of the NESF, the Government has committed itself to align all elements of the planning system to fully support accelerated renewable energy developments, including providing clarity and certainty on regulatory decision making timelines. My Department is working in conjunction with the Department of the Environment, Climate and Communications (DECC), who lead on the NESF, to deliver on the objectives set out in Response 25 of the NESF; this is being further considered in the context of the Draft Planning and Development Bill 2022 referred to below.
In addition to the NESF, the Climate Action Plan (CAP), 2023 sets out an ambitious course for national decarbonisation to deliver a scale-up in emissions performance across all sectors over the coming decade to meet 2030 targets and to set a trajectory to achieve net zero by 2050.
Further to the CAP, the National Planning Framework (NPF) confirms that the planning process provides an established means through which to implement and integrate climate change objectives, including adaptation, at local level and the transition to a low carbon and climate resilient society. The NPF further underpins this approach by stating that "in addition to legally binding targets agreed at EU level, it is a national objective for Ireland to transition to be a competitive low carbon, economy by the year 2050 ". The first revision of the National Planning Framework will commence in Q1 2023.
The three Regional Spatial and Economic Strategies (RSES) also echo the importance of climate action and each contain a number of policy objectives in order to ensure emissions can be reduced and targets met. Based on the indicative targets for onshore wind energy and grid-scale solar deployment, DECC proposes to set out a target for the total onshore capacity that should be planned for on a national and regional level. It is intended that the Regional Assemblies will be required to develop and implement regional renewable electricity strategies based on the overall national targets, renewable energy objectives contained in each of the RSESs, with the support of relevant guidance.
Under the relevant provisions of the 2000 Act, local authorities prepare development plans and local area plans to set out the planning policies and objectives for their respective functional areas. A programme of development plan review is currently underway in order to achieve consistency of approach with the NPF and the RSESs adopted by the three Regional Assemblies. National renewable energy policy objectives, and those set out in the regional strategies, are required to be reflected in County Development Plans. The Sustainable Energy Authority of Ireland (SEAI) published a Methodology for Local Authority Renewable Energy Strategies (LARES) in 2013 to assist local authorities in this regard. This methodology is currently being reviewed, with input from relevant bodies, to provide a best practice approach to identifying and assessing renewable energy resources in spatial planning at local authority level.
In addition, section 10(2) of the 2000 Act sets out the development objectives that must be included in the development plan of each local authority and are therefore ‘mandatory’ requirements. These plans, which are adopted by the elected members of the local authority, are subject to review and evaluation by the Office of the Planning Regulator (OPR) to ensure consistency with national planning policy and guidance. Where matters arise in relation to consistency with national policy, further to a recommendation by the OPR, the Minister may decide to issue a planning authority with a Ministerial Direction under Section 31 of the 2000 Act, if it is considered that a plan has failed to set out an overall strategy for the proper planning and sustainable development of an area.
It should be further noted that planning authorities and An Bord Pleanála, under sections 34 and 143 of the 2000 Act respectively, are required to have regard to the objectives of Development Plans and any policies of Government or Guidelines issued with respect to climate targets which are relevant at the time of making a decision on a proposed development.
In addition to the foregoing, the Draft Planning and Development Bill 2022, approved by Government on 13 December 2022, will deliver a range of improvements to assist the delivery of renewable energy infrastructure, in particular by:
1. alignment of the plan making hierarchy to ensure greater consistency between national policy and local implementation;
2. the introduction of statutory mandatory timelines for all consent processes, including An Bord Pleanála. For An Bord Pleanála processes, timelines are being introduced for appeals as well as the various consent applications made directly to the Board, including Strategic Infrastructure Developments. These timelines will be introduced on a phased basis, starting with Strategic Infrastructure Developments, including energy projects;
3. timelines will also be introduced for the various steps in the Judicial Review process including for pleadings, hearing of cases and delivery of judgements by the court;
4. the new Bill will also increase clarity on the integration of the scope and role of environmental assessments into plan making functions and the consenting process, with all provisions reviewed to ensure alignment with relevant EU Directives whilst endeavouring not to be unnecessarily complex through overly-intricate national provisions; and
5. processes for projects of Imperative Reasons of Overriding Public Interest (IROPI) have also been reviewed to better reflect the intent of the Habitats Directive.
The Planning and Development Bill 2022 will be published on my Department’s website this week. It will then be sent to the Oireachtas for pre-legislative scrutiny.
As an example of a practical measure already implemented by my Department to make it easier to develop renewable energy, significant planning exemptions were signed into law in October 2022 for solar installations on existing buildings which will have a significant benefit to the roll-out of renewable electricity on domestic and other buildings in the State.
My Department continues to manage and monitor the overall national planning system having regard to Government policy, to ensure that it is robust and fit for purpose and facilitates the development of renewable energy, in line with proper planning and sustainable development.
