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Tuesday, 25 Apr 2023

Written Answers Nos. 310-325

Building Regulations

Ceisteanna (310)

Thomas Pringle

Ceist:

310. Deputy Thomas Pringle asked the Minister for Housing, Local Government and Heritage the reason the co-existence of standards I.S. 20 Concrete Building Blocks and I.S. EN771-3:2011 Specification for Masonry Units were allowed to continue, when the EU standard was first introduced in other EU states; the reason it took time to be implemented here; and if he will make a statement on the matter. [18988/23]

Amharc ar fhreagra

Freagraí scríofa

The functions of the National Standards Authority of Ireland (NSAI) include the development and publishing of standards to meet international demands for the quality, design, performance, safety and environmental impact of products and services. The NSAI is an agency under the auspices of my colleague the Minister for Enterprise, Trade and Employment.

While my Department works in collaboration with the NSAI in relation to the development of standards for construction products such as concrete blocks, decisions in relation to co-existence arrangements or effective dates for standards are a matter for the NSAI.

Health and Safety

Ceisteanna (311)

Catherine Murphy

Ceist:

311. Deputy Catherine Murphy asked the Minister for Housing, Local Government and Heritage if he plans to ensure that lithium ion battery energy storage systems are subject to the environmental impact assessments in the Planning and Development Act 2000. [18993/23]

Amharc ar fhreagra

Freagraí scríofa

I thank the Deputy for raising this issue and for the motivation behind his question. The visit of President Biden in the month that we celebrate the 25th Anniversary of the Good Friday Agreement was indicative of wider American support for peace on this island. Throughout his visit, President Biden spoke of the importance that the United States attaches to the agreement. The Taoiseach raised the ongoing political instability in Northern Ireland with President Biden during their bilateral meeting. I raised the political situation in Northern Ireland with the congressional and cabinet delegation that travelled with the President. Moreover, during my visit to Washington DC in February, I discussed the current situation in Northern Ireland with the Deputy Secretary of State, Wendy Sherman, the National Security Advisor, Jake Sullivan, and a wide range of political and civil society contacts. During my visits to New York and Massachusetts around St. Patrick's Day, I spoke with a wide variety of business, political and community leaders.

At Queen's University Belfast last week, we heard from a number of Americans who played a vital role during the peace process including former President Bill Clinton, the former Secretary of State, Hillary Clinton, and George Mitchell who, as an independent chairman of the Northern Ireland peace talks, played a pivotal role. Throughout the commemorative events for the 25th anniversary of the Good Friday Agreement in which I have participated, I have always emphasised the support of the United States, the European Union and other international partners. I remain in regular contact with political representatives in Northern Ireland, reiterating the urgent need for a functioning Assembly and Executive. I am also in regular contact with the Secretary of State for Northern Ireland with restoration of the institutions a core focus of our discussions. We will continue to work across all strands of the Good Friday Agreement in support of the devolved power-sharing institutions in Northern Ireland. President Biden and the delegations took a very neutral and objective approach in their visit. As President Biden said, it is up to the parties in Northern Ireland. All of that, combined with the Good Friday Agreement commemorations, will cause people to reflect on and consider the value of the agreement and the institutions, with a view to restoring those institutions.

Turf Cutting

Ceisteanna (312)

Michael McNamara

Ceist:

312. Deputy Michael McNamara asked the Minister for Housing, Local Government and Heritage if there is any legal proscription on cutting turf by persons with turbary rights for one's own use in the Tullaher Lough and Bog (SAC); and if he will make a statement on the matter. [19023/23]

Amharc ar fhreagra

Freagraí scríofa

The cessation of turf cutting is generally required on raised bog Special Areas of Conservation (SAC) to ensure Ireland meets its habitat conservation obligations.

The Cessation of Turf Cutting Compensation Scheme was established in 2011 for domestic turf cutters affected by the cessation of turf cutting on raised bog SACs and was extended in 2014 to include domestic turf cutters affected from raised bog Natural Heritage Areas. It is comprised a payment of €1,500 per annum, index-linked, for 15 years, or relocation, where feasible, to a non-designated bog, together with a payment of €500 on the signing of a legal agreement under the scheme.

Tullaher Lough and Bog SAC (Site Code: 002343), Co. Clare is a Special Area of Conservation encompassed by the cessation of turf cutting compensation scheme.

In 2014 the National Parks and Wildlife Service conducted a scientific review of Tullaher Lough and Bog SAC, and as reflected in the National Raised Bog SAC Management Plan, determined that turf cutting could continue in certain areas of this SAC without impacting the ecological integrity of the site but not be permitted in other parts of the SAC. The reason for this is that Tullaher Lough and Bog is quite unusual as a raised bog SAC and the particular hydrological context allows for limited turf extraction while not compromising the conservation of the habitats on this site. This is exceptional and is not the case with most other SACs.

A map showing the consent area and no cutting areas of the SAC is available and will be forwarded to the Deputy.

Question No. 313 answered with Question No. 300.

Housing Schemes

Ceisteanna (314)

Eoin Ó Broin

Ceist:

314. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage to set out how the cost rental tenant situ scheme will work; the person or body that landlords/tenants should approach if they are interested in applying for the scheme; the eligibility criteria; and if he intends to publish a regular report on the purchases through this scheme. [19056/23]

Amharc ar fhreagra

Freagraí scríofa

I recently introduced the Cost Rental Tenant In-Situ (CRTiS) Scheme, as an interim measure developed on an administrative basis, which is intended to address the immediate circumstances of the ending of the 'Winter Emergency Period' on 31 March 2023. This temporary scheme is available where a tenant faces the valid termination of a tenancy due to the landlord’s intention to sell the property. The scheme is available if the tenant household:

• does not intend to purchase the property from the landlord,

• does not own other residential property,

• is assessed by the Local Authority to be at risk of homelessness,

• is not in receipt of social housing supports (i.e. the Housing Assistance Payment (HAP) or the Residential Accommodation Scheme (RAS)), and

• has an annual net household income of no more than €53,000.

Local Authority Housing Officers have responsibility for assessing the risk of homelessness to tenants who have received a valid notification of termination due to an intended sale of a property, and so it is the Local Authority that tenants should first approach.

If the Local Authority is satisfied that the applicant tenant household is eligible for CRTiS they will pass the details of the tenant and the property to the Housing Agency for consideration for potential acquisition. The Housing Agency will then engage with the tenant and the landlord with a view to acquiring the property. The Housing Agency will partner with an independent third party, potentially an Affordable Housing Body (AHB), to manage and maintain the homes.

Rents are set at the current rate paid by the tenant to the previous landlord. It is the longer-term intention of the scheme, however, to transition these tenancies and homes to the standard framework for Cost Rental, where rents are set at a level to meet the costs of acquiring, managing, and maintaining the home. It is for this reason that the CRTiS eligibility criteria align with those in the standard Cost Rental framework.

It is intended that the Housing Agency will collate information on purchases through this scheme, which will be gathered by my Department for review.

Housing Schemes

Ceisteanna (315)

Eoin Ó Broin

Ceist:

315. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he is aware that some lenders are refusing to allow mortgage borrowers to draw down their mortgage in conjunction with the croí cónaithe towns refurbishment grant scheme due to uncertainty regarding the operation of the clawback provisions; his plans to resolve this matter; and the number of grant approvals and drawdowns to date broken down by local authority area. [19057/23]

Amharc ar fhreagra

Freagraí scríofa

Pathway 4 of Housing for All sets out a blueprint to address vacancy and make efficient use of our existing housing stock. The Croí Cónaithe Towns Fund is a key initiative which underpins the policy objectives set out in Pathway Four of Housing for All. In July 2022, the Vacant Property Refurbishment Grant was launched as part of the Croí Cónaithe Towns Fund. The grant benefits those who wish to turn a formerly vacant house or building into their principal private residence.

Building on the success of the scheme to date and to further increase the number of vacant and derelict properties brought back into use, the Vacant Property Refurbishment Grant is being expanded from 1 May. Details of the expansion are as follows:

i. The inclusion of one property which will be made available for rent, by the owner, in addition to one grant for a property which will be a principal private residence of the applicant i.e. a maximum of two applications for a grant will be available;

ii. Changing the eligibility date, which is currently 1993 for the build date, to include vacant and derelict properties built up to and including 2007; and

iii. Increasing of the current maximum grant rates from €30,000 to €50,000 for vacant properties and from €50,000 to €70,000 for derelict properties.

As part of the conditions associated with the Vacant Property Refurbishment Grant, there is a requirement that the applicant(s) will live in the qualifying property for a period of at least five years from the date of payment of the Grant. If at any time they sell the property or it ceases to be their principal private residence within ten years, they must reimburse the local authority an element of the full value of the Grant, as follows:

• Up to 5 Years – 100% of the monetary amount of the Grant

• Over 5 Years and less than or equal to 10 years – 75% of the monetary amount of the Grant

• Over 10 Years – No Clawback

An agreement must be concluded between the local authority and the applicant which contains the clawback agreement, including a charge on the property, which shall be binding on the applicant upon drawdown of the grant. The charge secures the local authority’s interest in the property. The charge document is not concluded until works are complete and prior to the grant issuing.

Where the applicant has a mortgage in relation to the property, the bank’s charge will always rank in priority.

My Department is engaging with the Banking and Payments Federation Ireland with regard to the operation of the grant and to ensure that there are no issues for applicants who are applying for the Vacant Property Refurbishment Grant.

My Department publishes data on applications for the Vacant Property Refurbishment Grant on its website on a quarterly basis, which can be accessed at the following link:

www.gov.ie/en/collection/4bbe4-vacant-property-refurbishment-grant-statistics/

Housing Provision

Ceisteanna (316)

Eoin Ó Broin

Ceist:

316. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide a breakdown of the 7,433 new-build social homes delivered in 2022, by delivery scheme, including SHIP construction, SHIP turnkey, CALF construction, CALF turnkey, CAS construction, CAS turnkey, Part V and PPP. [19060/23]

Amharc ar fhreagra

Freagraí scríofa

Traveller Accommodation

Ceisteanna (317)

Bríd Smith

Ceist:

317. Deputy Bríd Smith asked the Minister for Housing, Local Government and Heritage if he is aware that a park (details supplied) has been promised regeneration since the first Traveller Accommodation Plan was introduced 23 years ago in 1999; the status of a funding application for the regeneration of the park which was made by Dublin City Council to his Department on 3 December 2022; if a response to DCC is imminent given that it is over 19 weeks since the application was submitted; and if he will make a statement on the matter. [19061/23]

Amharc ar fhreagra

Freagraí scríofa

The Housing (Traveller Accommodation) Act 1998 provides that the role of my Department 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 Act 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.

In April 2016, a Stage 1 application for the redevelopment of this site was submitted to my Department, and in September 2016, my Department granted approval for a budget provision of €8,695,621. In July 2019, a Stage 2 application was received by my Department and approval was granted subsequently for funding of €13,216,290. In December 2022, a revised Stage 2 application was received by my Department seeking approval of €27,037,760.

In February 2023, my Department received further information requested on the basis of the revised application including the significant change to the scope and extent of the works and the units to be delivered. My Department expects to make a further decision once it has considered all the information received from Dublin City Council. My Department continues to support the Council in advancing the refurbishment of the site so that improved conditions are delivered for the residents.

Housing Schemes

Ceisteanna (318, 331, 337)

Fergus O'Dowd

Ceist:

318. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if local authorities are in a position to assist with the tenant in-situ schemes or other relevant schemes that will provide assistance where a social housing applicant is resident in a neighbouring local authority, and where that social housing applicant has received a termination notice (details supplied); and if he will make a statement on the matter. [19102/23]

Amharc ar fhreagra

Thomas Gould

Ceist:

331. Deputy Thomas Gould asked the Minister for Housing, Local Government and Heritage the number of acquisitions targeted for delivery by Cork City Council in each of the years 2022-2026, in tabular form. [19305/23]

Amharc ar fhreagra

Mairéad Farrell

Ceist:

337. Deputy Mairéad Farrell asked the Minister for Housing, Local Government and Heritage when he will issue a circular to local authorities setting out the guidelines for the tenant in situ, for common situations where a tenant receives their HAP payment from one local authority, but it is a different local authority that wishes to purchase the property; and if he will make a statement on the matter. [19402/23]

Amharc ar fhreagra

Freagraí scríofa

The critical thing in the lifetime of this Government is getting those phase 1 projects, of which there are six on the east coast and one on the west coast, through the auction process and subject to their qualifying on that, into the planning system this year. The timelines depend on An Bord Pleanála, but we are conscious we are in a race with other European countries, or with the US and others, who are looking for the same supply chain, ships, cables and other infrastructure. We are looking to try to make sure, with the greatest certainty, that the timetable is minimised and we start to see installations happening in the likes of 2026 and 2027. It is in the period 2028-29 that we expect the phase 1 projects to be delivered.

While that is happening, we switch to phase 2, which is further projects to make sure we meet that 5 GW target, where we have designated zones. Those are the appropriate place for wind energy to be developed, because we have learned a planned-led approach is the right way. Included in that is the use of Irish ports, that is, Belfast and ports in the South which need to be up and running in time for that sort of delivery schedule.

Question No. 319 answered with Question No. 296.
Question No. 320 answered with Question No. 296.

Housing Policy

Ceisteanna (321)

Duncan Smith

Ceist:

321. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he can clarify if a person who transfers from one local authority within County Dublin to another local authority can retain their length of time on the list, or if the local authority to whom they transfer will reassess them. [19119/23]

Amharc ar fhreagra

Freagraí scríofa

Households are reassessed against the eligibility and need criteria set down in the relevant legislation when seeking a transfer from one local authority housing list to another. If deemed eligible, they qualify for all social housing support, including the Housing Assistance Payment, and are placed on the housing list to be considered for suitable tenancies in accordance with the relevant local authority’s allocation scheme.

Generally, is not possible for a household previously on one social housing waiting list to carry the time spent on that list when applying to another local authority. This ensures any unfairness that might arise for households already on a waiting list in a receiving local authority is avoided.

Notwithstanding, local authorities will prioritise allocations to those households they consider to be most in need at any moment in time.

Housing Schemes

Ceisteanna (322)

Duncan Smith

Ceist:

322. Deputy Duncan Smith asked the Minister for Housing, Local Government and Heritage if he has any plans in place to sanction that people who are currently on the HAP/Homeless HAP scheme who have received an eviction notice and find a new property can transfer their HAP payment to the new property, rather than having to apply for HAP at the new property. [19125/23]

Amharc ar fhreagra

Freagraí scríofa

Ireland has expressed strong views within the EU on the compatibility of the Energy Charter Treaty with the Paris Climate Agreement, especially the charter treaty's dispute resolution mechanism. We continue to express our strong views within the EU on these issues. We believe it carries more weight in international negotiations to advocate them as part of the European Union.

In 2017, the Energy Charter Conference decided to modernise the treaty in order to respond to criticisms of the dispute resolution mechanism in Article 26. Our view is that it is inconsistent with the objectives of the Paris Agreement and with policy objectives of the EU and other countries which seek to phase out fossil fuels in favour of renewables. This modernisation process has not been completed.

Ireland continues to support a co-ordinated EU withdrawal from the Energy Charter Treaty if it is not modernised to align it with the Paris Agreement, to address our concerns, and to support international efforts to decarbonise electricity systems and promote more renewable energy.

We are working with EU partners to reach a common position. If a decision is made for a co-ordinated exit of EU member states from the treaty, Ireland will support that position and we will withdraw. However, we reserve the right, and maintain this a live option, to unilaterally withdraw should the treaty not be reformed to a level that is deemed satisfactory.

Agriculture Industry

Ceisteanna (323)

Holly Cairns

Ceist:

323. Deputy Holly Cairns asked the Minister for Housing, Local Government and Heritage his views on introducing regulations concerning the use of rock-breaking equipment for the purposes of re-contouring and enlarging agricultural land. [19184/23]

Amharc ar fhreagra

Freagraí scríofa

Certain types of agricultural activities may be considered exempted development under the Planning and Development Act 2000, as amended (the Act), or the Planning and Development Regulations 2001, as amended (the Regulations).

Article 8C of the Regulations specifies that land reclamation works consisting of re-contouring of land, including infilling of soil (but not waste material) within a farm holding, can qualify as exempted development.

An environment impact assessment (EIA) may be required before farmers undertake certain types of development on their land. This falls under the remit of my colleague, the Minister for Agriculture, Food and the Marine, whose Department examines and screens the proposed activities, free of charge, for environmental impact to determine if works can proceed without the need for an EIA.

More details can be found on the Department of Agriculture, Food and the Marine (DAFM) website at:

www.gov.ie/en/service/161a7-environmental-impact-assessment-screening-service/.

including a link to DAFM’s Guide for Farmers –Environmental Impact Assessment (Agriculture) Regulations at

www.gov.ie/en/publication/5c8ed-advice-for-farmers-on-environmental-impact-assessment-regulations/.

In circumstances where an application for planning permission is required, such as where environmental impact assessment is deemed to be necessary, an application is made to the relevant planning authority under section 34 of the Act. When making a decision on a planning application, a planning authority is required to have regard to the particular local circumstances of the proposed development and may attach appropriate conditions to the permission on a case-by-case basis.

Section 34(4)(c) of the Act enables planning authorities to attach conditions to a planning permission requiring the taking of measures to reduce or prevent –

• the emission of any noise or vibration from any structure or site comprised in the development authorised by the permission which might give reasonable cause for annoyance either to persons in any premises in the neighbourhood of the development or to persons lawfully using any public place in the neighbourhood, or

• the intrusion of any noise or vibration which might give reasonable cause for annoyance to any person lawfully occupying any such structure or site.

The decision of a planning authority on a planning application may be appealed to the Board under section 37 of the Act.

Under section 30 of the Act, as Minister with responsibility for planning I am specifically precluded from exercising any power or control in relation to any particular case in which a planning authority or the Board is or may be concerned.

Departmental Functions

Ceisteanna (324)

David Stanton

Ceist:

324. Deputy David Stanton asked the Minister for Housing, Local Government and Heritage if his Department has a dedicated vacant property section that deals solely with this issue; if so, the number of staff working exclusively in this section; the grade of each; and if he will make a statement on the matter. [19208/23]

Amharc ar fhreagra

Freagraí scríofa

My Department has a dedicated Vacant Homes Unit, and is one of the business units in the Housing Affordability, Inclusion and Homelessness Division.

The Unit oversees, drives and supports the co-ordinated approach to addressing vacancy and efficient use of existing stock under Pathway 4 of Housing for All, the Vacant Homes Action Plan, and in the context of the Towns Centre First Policy and other relevant policies.

It supports - the work of Vacant Homes Officers (VHOs) across the Local Authorities; the operation of the Vacant Property Refurbishment Grant and the Ready to Build Scheme; the implementation of the CPO Activation Programme across local authorities and; the capture of data on vacancy which can be used to activate properties, inform development and delivery of policies and schemes, and measure their effectiveness and progress being made in addressing vacancy.

There are six staff (5.5 FTE) in the Unit - a Principal Officer, an Assistant Principal Officer, a Higher Executive Officer, two Executive Officers, and a Clerical Officer.

Question No. 325 answered with Question No. 296.
Roinn