Written Answers Nos. 265-284
265. Deputy Pat Buckley asked the Minister for Housing, Local Government and Heritage if he is aware that Waterways Ireland is in the process of issuing a licence to the Portaneena Marina based in the Killinure Lough off Lough Ree outside Athlone (details supplied); and if he will make a statement on the matter. [8726/24]
Amharc ar fhreagra266. Deputy Pat Buckley asked the Minister for Housing, Local Government and Heritage and if he will make a statement on the matter. [8727/24]
Amharc ar fhreagraI propose to take Questions Nos. 265 and 266 together.
Waterways Ireland is a North/South Implementation Body established under the British Irish Agreement of 10 April 1998. It is funded by my Department and the Department for Infrastructure in Northern Ireland.
The information requested in relation to any agreement and or licence sought by an identified marina off Lough Ree is not held in my Department. 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 Waterways Ireland is ceoffice@waterwaysireland.org
267. Deputy Michael Lowry asked the Minister for Housing, Local Government and Heritage if he will provide an update on previous representations made to his Department on behalf of a club (details supplied); if his Department has a valid application from the club for the proposed field trials; when a decision will be issued on this application; and if he will make a statement on the matter. [8750/24]
Amharc ar fhreagraI am happy to provide an update on this matter. A response to the representations received issued on the 21 December 2023 providing details of where the club in question may apply for a permit to host an event in the Nature Reserve.
I can confirm that a request for a permit has now been received in my Department and officials from the NPWS have advised me that they expect to issue a response this week.
268. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the average wait time for fire brigade attendance at a scene, following a call to emergency services, in each county. [8754/24]
Amharc ar fhreagraThe provision of a fire service in its functional area, including the establishment and maintenance of a fire brigade, the assessment of fire cover needs and the provision of fire station premises, is a statutory function of individual local authorities under the Fire Services Act, 1981. My Department supports fire authorities through setting general policy, providing a central training programme, issuing guidance on operational and other related matters and providing capital funding support for equipment and priority infrastructural projects. Fire services issues are managed in my Department by the National Directorate for Fire and Emergency Management (NDFEM).
Fire services are provided in Ireland by local authorities in accordance with the provisions of the Fire Services Acts, 1981 and 2003. Under this legislation, there are 31 fire authorities, which provide fire prevention and fire protection services for communities through 27 service delivery structures. Local authority fire services are delivered by approximately 3,300 local authority staff engaged at 217 fire stations nationwide, with 16 of these stations being staffed by full-time firefighters, a further 4 are mixed full-time and retained, and 197 are staffed by retained firefighters.
In 2013, my Department published 'Keeping Communities Safe (KCS) - A Framework for Fire Safety in Ireland'. That document can be viewed at www.gov.ie/pdf/?file=//assets.gov.ie/111369/329aa66f-5ed3-4541-be29-9119758e5c99.pdf#page=null . The adoption of KCS as national policy saw national norms/standards being established for fire services in Ireland for the first time, against which local authority fire services could benchmark themselves.
The provision of fire services by local authorities is based on a statutory risk management approach, which involves an analysis of the nature of the fire hazards and the incidence and extent of fires which occur, as well as the fire protection measures in place.
The arrangements for mobilising a response to a 999/112 call from the public for fire service assistance are handled at three Regional Communications Centres, where call-takers establish the location and nature of the emergency and then mobilise the nearest geographical resource to the location of the incident based on projected speed of arrival to the scene.
There has been a welcome downward trend in the incidence of fire. The current fire fatality rate, using a three year average, equates to 4.5 deaths per million of population. This figure is approximately a third of what it was twenty years ago when it stood at 12.9 deaths per million of population. While every death is a regrettable tragedy, that level of fire fatalities positions Ireland among countries with lower fire fatality rates.
The information requested in regard to average wait times of fire service response is available via the Local Authority Performance Indicator Report for 2022, NOAC Report no. 58, available on www.noac.ie/wp-content/uploads/2023/10/20231009-NOAC-PI-Report-2022-FINAL.pdf, which details the service mobilisation for each local authority.
269. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage time taken for approval by an Bord Pleanála for large- and small-scale residential developments, respectively, in each local authority area; if staffing shortages are exacerbating delays; and if shortfalls in staffing numbers will be remedied in 2024. [8755/24]
Amharc ar fhreagraAn Bord Pleanála (the Board) is the national independent statutory body with responsibility for the determination of planning appeals and direct applications for strategic infrastructure and other developments under the Planning and Development Act 2000, as amended, and certain other Acts.
There are now more people working at the Board than at any time previously. Since October 2021, my Department has agreed to 117 new staffing posts in the Board. The Board has advised that as of 31 January 2024 there were 257 individuals working in the Board including Board Members. The Board received approval and sanction from my Department for a total of 313 posts to date.
Details in respect of case processing timelines for large and small scale residential developments and staffing and recruitment are an operational matter for An Bord Pleanála. 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.
270. Deputy Michael Ring asked the Minister for Housing, Local Government and Heritage if he will extend a timeline the completion of works (details supplied); and if he will make a statement on the matter. [8765/24]
Amharc ar fhreagraPathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock.
The Vacant Property Refurbishment Grant supports bringing vacant and derelict properties back into use. A grant of up to a maximum of €50,000 is available for the refurbishment of vacant properties for occupation as a principal private residence and for properties which will be made available for rent.
Where the refurbishment costs are expected to exceed the standard grant of up to €50,000, a maximum top-up grant amount of up to €20,000 is available where the property is confirmed by the applicant to be derelict or where the property is already on the local authority’s Derelict Sites Register, bringing the total grant available for a derelict property up to a maximum of €70,000. The grant is available in respect of vacant and derelict properties built up to and including 2007, in towns, villages, cities and rural areas.
In exceptional circumstances, where an applicant is experiencing particular issues and cannot complete the works applied for under the grant within the 13 month period, the Local Authority may consider and grant an extension of the approval period at their discretion. My Department issued a circular to all local authorities in October 2023 setting out details of this arrangement.
When the Croí Cónaithe Towns Fund was launched, a commitment was given that the schemes funded by it would be kept under ongoing review. It is intended that a comprehensive review and evaluation of the schemes under the Croí Cónaithe Towns Fund will be undertaken by mid-2024.
271. Deputy Michael Healy-Rae asked the Minister for Housing, Local Government and Heritage if he will consider an exemption in planning laws for people wishing to construct timber cabins (details supplied); and if he will make a statement on the matter. [8769/24]
Amharc ar fhreagraAll development proposals require planning permission unless they are specifically exempted under the Planning and Development Act 2000, as amended (the Act) or the supplementary Planning and Development Regulations, 2001, as amended. In addition, national planning policy, guidelines and legislation do not dictate the types of materials that must be used for housing, and accordingly there is no prohibition on the use of timber construction from a planning perspective subject to the overall proposal for planning permission being in accordance with national, regional and local planning policy. In addition, there are no restrictions under the planning code for any person to apply for planning permission in respect of modular/log cabin type accommodation.
When a person submits a planning application for a house (including modular housing or log cabins) under section 34 of the Act, irrespective of whether the proposed development is located in an urban or rural location, the planning authority, in making its decision, shall have regard to the proper planning and sustainable development of the area. It is a matter for the relevant planning authority to consider each application on a case-by-case basis and to decide to whether to grant the permission, subject to or without conditions, or to refuse permission.
Furthermore, a range of factors have to be taken into account in the assessment of proposals for housing (including modular housing or log cabins), including requirements for access, car parking, amenity space as well as separate services such as water, drainage and electricity. In addition, such proposals may also have implications for neighbouring properties and the visual amenity and character of the area which must also be taken into consideration in the determination of a planning application.
A number of development types are exempt from the requirement to obtain planning permission, including for the erection of detached structures within the curtilage of a house for the purpose of storage. However it is a specific condition and limitation attached to this particular exemption that such structures shall not be used for human habitation. Accordingly, a 'one size fits all' type planning exemption for such structures would not be appropriate or consistent with proper planning and sustainable development.
An application for planning permission also provides an opportunity for members of the public to make submissions or observations in respect of proposed development. The planning authority is required to have regard to any submissions or observations received on a planning application during the public participation process in accordance with section 34 of the Act. The planning authority shall makes its decision on a planning application within 8 weeks of receipt of the application in accordance with section 34(8) of the Act, except in instances where further information is required from the developer.
Where any party is unhappy with the decision of a planning authority in relation to an application for planning permission, the decision may be appealed to An Bord Pleanála within four weeks of the decision of the planning authority in accordance with section 37 of the Act.
In accordance with Section 34(13) of the Act, a person shall not be entitled solely by reason of a permission under section 34 of the Act to carry out any development. Where permission is granted for modular/log cabin type accommodation, the development must also comply with other legislative requirements such as the Building Regulations, including fire safety requirements and domestic waste water treatment requirements . In this regard, it is critical to ensure that products, systems, and ultimately buildings which are comprised of such products and systems, are designed, constructed, and certified, as fit for purpose, having regard to their intended end use.
272. Deputy Johnny Mythen asked the Minister for Housing, Local Government and Heritage if he will consider extending the 1 March 2024 deadline for hedge cutting, given the excessive rain, land is completely saturated and these works have been delayed to avoid compression and bogging of fields; and if he will make a statement on the matter. [8779/24]
Amharc ar fhreagraI refer to my reply to Dáil Question no. 332 on 20 February which sets out the position in the matter.
273. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage if he will provide updated figures on the number of private rental inspections completed; the number of dwellings inspected not meeting regulatory requirements; the number of improvement letters, improvement notices, and prohibition notices issued; and the number of legal actions initiated by Galway City and County Councils in 2023. [8817/24]
Amharc ar fhreagraThe standards for rental accommodation are prescribed in the Housing (Standards for Rented Houses) Regulations 2019 and responsibility for the enforcement of the Regulations in the private rental sector rests with the relevant local authority. If a property has been found to be non-compliant with the Regulations, it is a matter for the local authority to determine what action is necessary and appropriate. Under sections 18A and 18B of the Housing (Miscellaneous Provisions) Act 1992, a housing authority may serve an Improvement Notice or Prohibition Notice, respectively, where a property is found to be non-compliant.
Local authorities conducted over 49,000 inspections of private rented dwellings in 2022, a significant increase from 25,000 in 2020 and 20,000 in 2021, when pandemic restrictions had impacted on inspections. Provisional data indicates that all-time high of over 63,000 inspections were conducted last year. Annual data in respect of the level of inspections carried out by each local authority is available on my Department's website at www.gov.ie/en/publication/da3fe-private-housing-market-statistics/.
Preliminary 2023 data in respect of the councils requested is set out in the table below.
|
Local Authority |
Total Inspections (incl re-inspections) |
Dwellings Non-compliant on 1st Inspection |
Improvement Letters Issued |
Improvement Notices Served |
Prohibition Notices Served |
Legal Actions Initiated |
|
Galway City Council |
337 |
312 |
317 |
0 |
0 |
0 |
|
Galway County Council |
1,927 |
814 |
1,715 |
63 |
0 |
0 |
274. Deputy Ivana Bacik asked the Minister for Housing, Local Government and Heritage the number of residential units which are awaiting water connections in each local authority area; the average wait time for water connection in each local authority area; and the longest existing delay for a water connection in each local authority area. [8825/24]
Amharc ar fhreagraUisce Éireann has statutory responsibility for all aspects of water services planning, delivery and operation at national, regional and local levels. The scope, prioritisation and progression of individual projects is a matter for Uisce Éireann and is approved through its own internal governance structures.
Therefore, my Department does not hold the information as requested. However, my Department does receive regular updates from Uisce Éireann on progress under Housing for All.
Uisce Éireann reported in their Housing for all Q4 2023 update that they responded to 78% of pre-connection enquiries and 83% of connection applications within 16 weeks.
Uisce Éireann has established a dedicated team to deal with representations and queries from public representatives. The team can be contacted via email to oireachtasmembers@water.ie or by telephone on a dedicated number, 0818 578 578.
275. Deputy Francis Noel Duffy asked the Minister for Housing, Local Government and Heritage for the updated acquisition cost guidelines (ACG) for the cost rental tenant in situ scheme. [8851/24]
Amharc ar fhreagraThe Cost Rental Tenant In-Situ (CRTiS) Scheme was introduced, on an administrative basis, to address the immediate circumstances of the ending of the 'Winter Emergency Period' on 31 March 2023. This scheme is available where a tenant faces the termination of a tenancy due to the landlord’s intention to sell the property.
My Department issued Acquisition Cost Guidelines (ACGs) last April for each local authority area. These ACGs are updated by my Department on an annual basis. The ACGs provide cost guidelines for the acquisition by housing authorities, of second-hand properties for the provision of social housing. These guidelines reference lower and upper cost ranges along with an average/benchmark cost, which is representative of the average range of current (at the time of issue) prices across the local authority area.
The same ACGs are used by the Housing Agency for the acquisition of homes under the Cost Rental Tenant In-Situ (CRTiS) scheme.
I will arrange to share a copy of the ACGs with the Deputy.
276. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage the number of WTE solicitors employed by his Department in 2023 and to date in 2024, in tabular form; and the civil service grade this post is normally filled by. [8874/24]
Amharc ar fhreagraMy Department does not generally keep a record of qualifications held by staff members, and accordingly there may be staff working in various roles in the Department who have a legal qualification but applied for different positions.
In January 2023 my Department had one Advisory Counsel Grade 2 (Principal Officer equivalent) and four Advisory Counsel Grade 3 (Assistant Principal equivalent) serving in our Legal Unit, and that remained the position up to October 2023. The position from last November to date is that we have one Advisory Counsel Grade 2 and three Advisory Counsel Grade 3 serving in our Legal Unit.
These officials are seconded from the Office of the Attorney General in line with standard practice across all Government Departments.
277. Deputy Robert Troy asked the Minister for Housing, Local Government and Heritage if he will provide urgent clarity regarding the ending of the cutting season (details supplied); and if he will make a statement on the matter. [8945/24]
Amharc ar fhreagraThe dates for the cutting of vegetation and hedges are set down in primary legislation. Section 40 of the Wildlife Act 1976 prohibits the cutting of vegetation, with certain strict exemptions, from 1 March to 31 August. As the dates are set out in primary legislation, I have no power or discretion to vary them. The dates may only be altered by primary legislation enacted by the Oireachtas.
There is provision in the legislation for certain limited exemptions in respect of cutting vegetation in the ordinary course of agriculture or forestry, for health and safety reasons, the destruction of noxious weeds and for cutting roadside hedges for road safety reasons.
I would draw attention to section 40 (2) (g) of the Wildlife Act which disapplies the closed season in relation to "the felling, cutting, lopping, trimming or removal of a tree, shrub, hedge or other vegetation pursuant to section 70 of the Roads Act 1993".
278. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage if he will provide clarification on the significant delays experienced by certain tenants in the processing of their tenant-in-situ applications in Fingal (details supplied); the reasons for these delays; and if he can provide an update on when a person can expect a decision on their case. [8982/24]
Amharc ar fhreagra279. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage his views on a case previously highlighted (details supplied), where a tenant is facing homelessness due to significant delays in the processing of their tenant-in-situ application; if he can outline a proposed intervention due to the delays; and if he will make a statement on the matter. [8983/24]
Amharc ar fhreagra280. Deputy Paul Murphy asked the Minister for Housing, Local Government and Heritage the communication he has had with Fingal County Council with regard to the long processing delays with the tenant-in-situ scheme; and if he will make a statement on the matter. [8984/24]
Amharc ar fhreagraI propose to take Questions Nos. 278 to 280, inclusive, together.
Under Housing for All, the Government will deliver 47,600 new build social homes and 3,500 social homes through long-term leasing in the period 2022-2026. Our clear focus is to increase the stock of social housing through new build projects delivered by local authorities and Approved Housing Bodies (AHBs).
Social Housing is delivered through a range of local authority and Approved Housing Body (AHB) delivery programmes across the build acquisition and lease delivery streams.
For 2023, the Government agreed that there would be increased provision for social housing acquisitions and my Department provided funding local authorities to acquire at least 1,500 social homes. The additional acquisitions have focused on properties where a tenant is in receipt of social housing supports and has received a Notice of Termination due to the landlord’s intention to sell the property. My Department issued a circular letter in March 2023, setting out details of these arrangements and each local authority was provided with a provisional allocation for social housing acquisitions in 2023. For 2024, Government has again agreed to an increased provision to acquire 1,500 social homes.
Local authorities have delegated sanction in relation to these acquisitions, subject to those acquisitions being within Acquisition Cost Guidelines issued by the Department. An independent valuation must also be obtained for each acquisition, in line with established practice for local authorities for social housing acquisitions. The current Acquisition Cost Guidelines (ACGs) were updated and issued to local authorities in April 2023. These guidelines are reviewed and updated as appropriate by my Department usually on an annual basis.
Local authorities will work with all social housing supported tenants who receive a Notice of Termination and offer the available supports, which may include a tenant in situ acquisition or support to obtain an alternative tenancy, including a HAP-supported tenancy or an allocation to local authority stock.
In response to the detail supplied in the Question, it is a matter for individual local authorities to identify suitable acquisitions in line with local circumstances and their social housing allocations policy. The time required to complete a social housing acquisition can vary, depending on the circumstances involved. Individual property purchases can be delayed for various reasons such as the owner not having full legal title, various planning issues, outstanding property taxes, general contractual conditions of sale not in place etc. The process is also reliant on timely progress from the vendor’s legal and sales agents, so timeframes vary from purchase to purchase. My Department does not hold data on the number of social housing acquisitions applications that have been withdrawn or rejected, nor does it hold data on the timelines for such acquisitions. Further information may be available from individual local authorities.
My Department publishes comprehensive programme level statistics on a quarterly basis on social and affordable housing delivery activity by local authorities and Approved Housing Bodies (AHBs) in each local authority, including completed acquisitions. From 2023, this data includes a breakdown of acquisitions completed by each local authority where a Notice of Termination issued to a tenant and is available, for all local authorities, to the end of Quarter 3 2023 on the statistics page of my Department’s website at the following link: www.gov.ie/en/collection/6060e-overall-social-housing-provision/
281. Deputy John Brady asked the Minister for Housing, Local Government and Heritage if a property (details supplied) will be used by his Department for beneficiaries of temporary protection under the emergency refurbishment programme; and if he will make a statement on the matter. [8997/24]
Amharc ar fhreagraThe Department of Children, Equality, Disability, Integration and Youth (DCEDIY) is the lead Department for the provision of accommodation for Beneficiaries of Temporary Protection. The role of my Department in this area is a supporting role which forms part of the whole of Government response.
My Department was tasked with supporting the refurbishment programme. Decisions on which properties are suitable for progression through the programme are made by a Technical Working Group (TWG) working under the auspices of the Accommodation Working Group. Membership of the TWG includes my Department, DCEDIY, the Department of the Taoiseach, the Local Government Management Agency and the City and County Management Association.
I can advise that the property referred to is no longer under consideration for potential progression through the Emergency Refurbishment Programme. Correspondence recently issued from the Local Authority to the proposer of the building to advise of same.
282. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if he will provide a list of persons prohibited from running for local authority elections; if employees of a public body are barred from running in local elections (details supplied); and if he will make a statement on the matter. [8998/24]
Amharc ar fhreagra283. Deputy Brendan Griffin asked the Minister for Housing, Local Government and Heritage if employment contracts made between contractors and a public body (details supplied) prohibit those contractors from running in local elections; and if he will make a statement on the matter. [8999/24]
Amharc ar fhreagraI propose to take Questions Nos. 282 and 283 together.
Sections 13 and 13A of the Local Government Act 2001 provide for disqualifications from local authority membership.
Section 13(1)(h) provides that a civil servant who is not by terms of employment expressly permitted to be a member of a local authority shall be disqualified from local authority membership. The Department of Finance circular 09/2009 Civil Servant and Political Activity (ref.: E109/33/09) clarifies that civil servants in the craft, state industrial and manual grades and grades below clerical grades may stand for election to local authorities. The circular further clarifies that civil servants in the clerical grades and non-industrial grades with salary maxima equal to or below the Clerical Officer maximum may stand for election to local authorities, subject to permission being given by their Department. In addition, the circular states that special advisers and other personal appointees of Ministers, Ministers of State, Parliamentary office holders and the Attorney General, holding temporary unestablished positions, may contest local elections. The circular may be found at the following address: circulars.gov.ie/pdf/circular/finance/2009/09.pdf
Section 13(1)(i) of the 2001 Act provides that a person employed by a local authority, the HSE or the Child and Family Agency and is not the holder of a class, description or grade of employment designated by the Minister by order under section 161(1)(b) of the 2001 Act shall also be disqualified from membership of a local authority.
In 2004, the then Minister for Environment, Local Government and Heritage, under Section 161 of the 2001 Act, signed the Local Government Act 2001 (Section 161) Order 2004 which provides that the disqualification set out in Section 13 would not apply to local authority employees in respect of “every class, description or grade of employment the maximum remuneration for which on the last date for receipt of nominations at a local election does not exceed the maximum remuneration for the grade of Clerical Officer”. (Section 161 of the 2001 Act refers to restrictions on local authority employment and membership of a local authority). A circular issued to local authority employees in this regard in May 2009 (ref.: LG(P) 06/09).
Section 13(1)(ii) of the 2001 Act provides that a person employed by the Health Service Executive and at a grade or of a description of employment designated by order of the Minister for Health and Children shall be disqualified from local authority membership. The making of such an order is a matter for the Minister for Health, though my understanding is that such an order has not been made.
284. Deputy Carol Nolan asked the Minister for Housing, Local Government and Heritage if an urgent review of adjustment of zones pertaining to a new national scheme for grants to upgrade or replace septic tanks could be undertaken as there are issues whereby people are now excluded from the scheme (details supplied); and if he will make a statement on the matter. [9042/24]
Amharc ar fhreagraI understand the Question refers to Domestic Waste Water Treatment Systems (DWWTS), commonly known as septic tanks, and their selection for inspection under the National Inspection Plan and the grants available to households.
The policy of providing grant support to households for remedial work on septic tanks arises from the need to address damage being done to water quality in sensitive areas in particular.
The Environmental Protection Agency (EPA) has statutory responsibility, under the Water Services Act 2007, for the preparation of the National Inspection Plan for DWWTS. Inspections are allocated across the country with the greatest focus on areas where there is the most risk to groundwater, surface water or human health. The EPA coordinates and monitors inspections and the local authorities are responsible for the implementation of the Plan.
There are three grant schemes available to households relating to DWWTS. The purpose of these grants is to incentivise householders to carry out works to their defective septic tanks. The grants are focused on the areas of greatest environmental priority to protect human health and the environment, and are not general in application.
Households can avail of the grants if their DWWTS has failed an inspection under the National Inspection Plan and an Advisory Notice has been issued, or if the DWWTS is located in either a Prioritised Area for Action or a High Status Objective Catchment Area, as identified in the River Basin Management Plan 2018-2021.
I can confirm that following extensive consultation with key stakeholders in the Rural Water Sector, my Department completed a review of the terms and conditions of the three grants. As a result of the review and the recommendations made, in November 2023 I announced significant improvements to the grants available.
The changes which came into effect from 1 January 2024 are, an increase in the maximum grant amount available to €12,000, up from €5,000 and removal of a requirement to have had the septic tank registered in 2013.
The grants continue to be available only in circumstances relating to risks to water quality and/or human health. I have no plans to make further changes.
