Written Answers Nos. 1-20
7. Deputy Paul Donnelly asked the Minister for Housing, Local Government and Heritage if he will carry out a review of the planning laws to ensure that they are strong enough to cover the destruction of natural wildlife habitats and biodiversity. [59813/22]
View answer16. Deputy Joe Carey asked the Minister for Housing, Local Government and Heritage the elements of the Planning and Development (Amendment) Bill 2022 that are being reviewed; and if he will make a statement on the matter. [59142/22]
View answer17. Deputy Richard Bruton asked the Minister for Housing, Local Government and Heritage the work that is being carried out to streamline the planning system in the face of significant needs for infrastructure and housing; and if he will make a statement on the matter. [58932/22]
View answer33. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage if he will provide the details of the ongoing planning review being undertaken by the Attorney General; and if he will make a statement on the matter. [59240/22]
View answerI propose to take Questions Nos. 7, 16, 17 and 33 together.
The Review and Consolidation of Planning Legislation is progressing in line with timeline set out by the Office of the Attorney General, who is leading on the project and it is expected that the draft Bill will be brought to Government in the coming weeks. Intensive engagement between the working group, the Department and other stakeholders with regard to the review is ongoing.
A Planning Advisory Forum was established in 2021; a key commitment in Housing for All and has met on six occasions to date. It plays an important role in contributing to the emerging policy considerations of the Review, as do a number of further stakeholder engagement mechanisms, including an Inter-Departmental Group and a Standing Group consisting of An Bord Pleanála, the Office of the Planning Regulator, the CCMA and the Environmental Protection Agency.
There has also been significant engagement with the Joint Oireachtas Committee on Housing, Local Government and Heritage, which has considered emerging themes from the Review on three occasions to date. Engagement with the Committee is a key input to the development of the proposed legislation arising out of the review and I value its input to date. It intended that the Joint Oireachtas Committee will be requested to undertake pre-legislative scrutiny of the draft Bill once it has been approved by Government.
All aspects of the Planning and Development Act 2000 have been considered as part of the Review and a new consolidated Planning Bill will be brought to Government in the coming weeks. The aim of the Bill will be to greatly improve the functioning of the planning system through a range of measures aimed at ensuring that the major debate on planning is orientated towards plan-making rather than the application stage. In addition, it is intended that mandatory, statutory timelines will be introduced for all consent processes – including by An Bord Pleanála.
The Bill will also ensure that the legislation is aligned with the relevant EU Directives on the environment and will bring increased clarity on the integration of the scope and role of environmental assessments into plan making functions and the consenting process.
9. Deputy Eoin Ó Broin asked the Minister for Housing, Local Government and Heritage if he will provide an update on the CALF review. [59798/22]
View answerHousing for All sets out national housing policy and implementation measures for the period to 2030. As part of the objective to increase social housing delivery, the plan recognises the significant role that Approved Housing Bodies (AHB’s) have played as partners in social housing delivery and will continue to play over the next five years.
The Capital Advance Leasing Facility (CALF) funding model has worked very successfully over the past 10 years. Under Housing for All, a specific objective, Action 4.10, is to “review the structure and operation of CALF to assess whether any refinements to the facility are required to support delivery of social housing by the AHB sector across a wider range of Local Authority areas.” The review was commenced in Q4 2021 and my Department has had the assistance and support of the Housing Agency in this process. The deadline for completion of this review is Q4 2022.
One of the key purposes of this exercise is reviewing the structure of the P&A-CALF funding model to determine if it should be adjusted to support delivery by the AHB sector across a wider range of areas and what options might be available to enable this. This is a recognition that the CALF model historically did not work well in areas of lower rent. The review is also cognisant of the significant rise in construction inflation and increases in interest rates so these aspects are being considered in the context of a revised funding model.
Throughout this process, this Department has held meetings with key stakeholders. Since the beginning of September, my Department has held a series of constructive meetings with the AHB sector and there is now a shared acknowledgement that this process needs to be brought to a conclusion quickly. The review is in its final stages and I expect that my officials will have a draft report and recommendations for my consideration shortly. Once the review is concluded, my Department will also have to seek the approval of my colleague, the Minister for Public Expenditure and Reform.
13. Deputy Imelda Munster asked the Minister for Housing, Local Government and Heritage His plans, if any, to introduce guidelines, on a statutory basis or otherwise, to protect local media outlets from undue pressure from local authorities in terms of influencing editorial decisions in return for advertising funding; and if he will make a statement on the matter. [47591/22]
View answerThere are no specific statutory powers under the Local Government Act 2001 for the issuing of guidelines to local authorities on relations with the media.
It is my understanding that no such guidelines on advertising and publicity are currently in place for Government Departments or other public bodies.
Careful consideration would therefore be needed as to how any such guidelines, if introduced, for local authorities would operate alongside the broader ethical framework for the public sector, as well as the regulation of advertising in general.
Ethical conduct in public office continues to be governed by the Ethics in Public Office Act 1995 and the Standards in Public Office Act 2001 (‘the Ethics Acts’), and, at local level, by Part 15 of the Local Government Act 2001, as amended.
Part 15 of the 2001 Act provides an ethical framework for local government, which imposes a statutory duty on all in the service to maintain proper standards of integrity, conduct and concern for the public interest.
This is further supplemented by codes of conduct issued by my Department, following consultation with the Standards in Public Office Commission, to local authorities. There is one code of conduct for councillors and one for employees. The codes of conduct further set out principles and standards of behaviour that all in the local government service must adhere to in the performance of their duties.
The Programme for Government: Our Shared Future includes a commitment to reform and consolidate ethics legislation. As part of this process the Department of Public Expenditure and Reform has been carrying out a review of ethics legislation in consultation with other Government Departments and key stakeholders.
My Department has been informed that a report of the findings of this review is now being finalised for consideration by the Minister for Public Expenditure and Reform who will then bring this report to Government for its approval and publication. It is intended that Government approval will also be sought to prepare a General Scheme of a Bill, to be drafted during 2023.
My Department is awaiting the outcome of this review process and will engage with the Department of Public Expenditure and Reform regarding any specific issues that are identified in relation to the local government sector.
15. Deputy Alan Farrell asked the Minister for Housing, Local Government and Heritage his views on the impact of the rising number of judicial reviews with regard to the delivery of much-needed housing; and if he will make a statement on the matter. [59239/22]
View answerThere has been a notable increase in the number of judicial review cases taken against decisions of An Bord Pleanála (the Board) over the last number of years, many of which have related to Strategic Housing Development (SHD) cases of 100 housing units or more, or student accommodation or shared accommodation developments of 200 bed spaces or more. The sole mechanism for appealing against SHD decisions made by the Board has been by the way of judicial review challenge to the High Court, which has contributed to the recent increased number of judicial review challenges taken against the Board regarding large housing developments. The increase in the number of judicial review challenges in this area has been one of the factors contributing to the delay in the progression of such much-needed housing developments while also contributing to cost increases in respect of relevant projects.
However, further to commitments in the Programme For Government and Housing For All, new planning arrangements in respect of large-scale residential developments (LRDs) were enacted in December 2021 through the Planning and Development (Amendment) (Large-scale Residential Developments) Act 2021. The LRD arrangements have replaced the SHD arrangements, restoring primary decision-making in respect of such developments to the local planning authorities with the possibility of subsequent appeal to the Board. It is anticipated that these new arrangements in respect of LRDs in allowing for appeal to the Board should lead to a reduction in the number of judicial review challenges in this area in the future.
Reforms of the judicial review provisions in the Planning and Development Act 2000, as amended, are also contemplated in the ongoing review of planning legislation being undertaken by the Attorney General, which it is intended will lead to some streamlining of the judicial review procedures in the Courts in respect of planning-related challenges and reduce timelines in the delivery of Court judgements. It is expected that legislative proposals in this regard will be published shortly.
18. Deputy Richard Boyd Barrett asked the Minister for Housing, Local Government and Heritage if he will provide a report on the funding streams from his Department to local authorities; if the local authorities will be fully reimbursed for the increase in the pay and pension bill by the recent public sector agreement; and if he will make a statement on the matter. [56464/22]
View answer24. Deputy Alan Dillon asked the Minister for Housing, Local Government and Heritage if he will provide an update on funding for local government, given the pressures being faced by local authorities due to energy inflation; and if he will make a statement on the matter. [59841/22]
View answerI propose to take Questions Nos. 18 and 24 together.
The funding system that applies to local authorities in Ireland is a complex one, as those authorities derive their income from a variety of sources including commercial rates, charges for goods and services and funding from Central Government, including my Department but also other government departments and state bodies. Across all schemes and funding sources, my Department provided €3.98 billion in 2020, €4.07 billion in 2021 and over €2.86 billion so far in 2022 (as at mid November) to all local authorities.
The Comptroller and Auditor General (C&AG) publishes a report on the central government funding of local government. The most recent report refers to 2021 and is available on the website of the C&AG.
In 2023, in addition to the allocation of estimated Local Property Tax yield of €492m, the Government is making a significant contribution of €481m via the Local Government Fund to support local authorities.
As regards the impact of the recent public sector national pay agreement, €209.6 million has been allocated in 2022 and €287.2 in 2023 towards assisting local authorities with the cumulative effect on pay costs arising from the National Pay Agreements and the unwinding of the Financial Emergency Measures in the Public Interest (FEMPI) legislation. These allocations include the impact of the most recently ratified pay agreements and will ensure that local authorities will have the necessary resources, in terms of people, to perform their functions and provide essential public services to our citizens; in excess of one thousand services in fact.
It should be noted that the pay allocation is calculated by the Department of Public Expenditure & Reform (DPER) and is based on their most recent available payroll data, as submitted by the local government sector. DPER have assured my Department that they are committed to covering the full cost of public service pay agreements arising for local authorities, as for all other public servants.
I am acutely aware of the current financial environment in which local authorities are now operating and, in recognition of the ongoing pressures, additional support of €60m (included in the €481m already mentioned) has been recently secured to assist the sector. The allocation is to assist local authorities with increased costs in 2023, and in particular, rising energy costs.
My Department also recently advised local authorities of support of €23.3m, on a once off basis in recognition of the loss of commercial rates income following the conclusion of valuation appeals by certain global utility companies.
Any additional funding requests for the Local Government sector must be agreed with the Department of Public Expenditure & Reform; and will be considered within the parameters of the national fiscal and budgetary situation, and the competing priorities presenting themselves currently at a national level.
Weblink to be included with the official record: www.audit.gov.ie/en/find-report/publications/2022/6-central-government-funding-of-local-authorities.pdf.
20. Deputy Peadar Tóibín asked the Minister for Housing, Local Government and Heritage if his Department plays any role in the protection of buildings from demolition which are of cultural significance in the State; and if he will make a statement on the matter. [56214/22]
View answerMy role in regard to the protection and management of our architectural heritage is set out in the provisions of the Planning and Development Act 2000 (as amended), as are the roles and responsibilities of local authorities and owners.
Part IV of the Act gives primary responsibility to local authorities to identify and protect the built heritage in their area by including structures of special interest on the Record of Protected Structures and overseeing their development and safeguarding accordingly.
As Minister, I can make recommendations to local authorities for buildings and structures to be included on the RPS. I make these recommendations on foot of surveys carried out by this Department's National Inventory of Architectural Heritage (NIAH).
It is a reserved function of the local authority then to add or delete buildings from the RPS. The local authority may choose not to include a structure which I have recommended, or it may choose to include a structure which I have not recommended.
When a building is included on the list of protected structures, planning permission is required for works which would affect its character, including demolition. The Act also places a responsibility on owners and occupiers to prevent the endangerment of a protected structure, and requires the local authority, where it has formed the view that the building is or will become endangered, to serve notice on the owner or occupier to carry out remedial works. It is an offence to fail to comply with such a notice.
