Damien English (Meath West, Fine Gael) | Oireachtas source

Section 57 as well. We are mainly dealing with section 5 today. Section 57 relates to protected structures. Under both, there is an appeal mechanism to An Bord Pleanála. Either side can bring that appeal or review and the board will give a decision. That mechanism is available. I can get the Senator a note on that if he wants the position clarified. This is an issue with which, for many reasons, I am very familiar as a result of what has happened in my county, not just in the context of telephone masts but for other reasons as well. The process is there and it is useful because it gives people the right to raise concerns.

Deputy Ó Broin's other question was about building control and the fear or perception that giving people exemptions gives them free rein to go and do what they like. That is not the case. These exemptions are for buildings that already have planning permission. Also, the building process, building regulations and the certification process kick in for any development being brought forward. There has to be an assigned certifier and all the professionals involved, so there is no way of coming under the radar or escaping the rules. They are there for any building and for anyone who wants to develop a home. From analysis, most people would say that our system of regulation is quite strong now. The certification process that was introduced a few years ago is working very well and gives us much greater assurance that building control is followed. There are always inspections and that as well, of course. I reassure members that these exemptions will not allow anybody to escape that. That is not the case, at all.

Senator Boyhan asked about social housing, Part V and our reasons for choosing the figure of nine units. That figure was chosen specifically with regard to the Part V requirement for up to 10% of social housing development in excess of nine units. It is only above nine units that the 10% kicks in. The Part V obligations involve engaging with the local authority and are normally dealt with in tandem with the planning process. It would be important that we do not exempt buildings above nine units because then we would lose the opportunity to have Part V requirements adhered to. That would letting developers, builders and owners of properties out the gate. It is specifically to achieve what the Senator wants that people do not get away from their obligations in this regard. It is quite likely that many of these properties will come back into use. Certainly, those located in town centres would be ideal for social housing because they have access to all the services a town provides. These properties are ideal for the repair-and-lease initiative. I must say I am disappointed that the repair-and-lease initiative was not taken up by more people. We made changes to it yesterday to make it less complicated and more straightforward, with an earlier payback of money. I hope that will encourage people to come forward. It is an ideal mechanism to fund the work that could be carried out under these exemptions in some cases because it is up to a certain amount of money per unit.

What we are changing here will not allow anybody pass under the radar in terms of their Part V obligations, unlike what is happening in other countries where there was no limit on the size and properties were put forward with a couple of hundred units and with no social housing provision. We are making sure that does not happen here. I hope that puts the Senator's mind at ease. I understand his question and hope I have made it clear to him as to why we picked the figure of nine.

The issue of staff resources in general was raised. This goes back to the powers of local authorities and being in authority. This is something I have discussed with the committee previously, as well as in many other places.

Resources are better than they were in the past thanks to people being back at work and more taxes coming in. Therefore, we have to allow more money for local authorities to be in control of planning. That involves having enough staff to deal with all questions, exemptions, checks and so on.

On substandard accommodation, our aim is that by 2019 properties will be inspected every four years. We are putting more resources in place to allow for this to happen, which means more people across the planning system. I agree with the Senator that, as a Department, it is our job to work with local authorities to make sure resources are in place. It is probably fair to say resources have not always been in place and that this might be an area which does not receive the full attention it needs.

Exemptions will not affect the situation to which the Senator referred because the properties are exempt. Local authorities are notified when people register and we will keep an eye on the numbers. If local authorities consider they need more staff in certain areas, they can bring forward their requests to us and we will deal with them. In general, when it comes to tackling derelict, neglected or vacant properties, local authorities need to be strengthened. We had a discussion on this matter yesterday and most people have the same view.

On the development plan, national guidelines have been set down for telecommunications, telephone masts, wind farms and so on. We ask that development plans respect the national guidelines. Like previous Ministers and Ministers of State, I will have to step in if development plans try to undermine the national guidelines when it comes to important infrastructure. Very often we have to advise local authorities that a blanket ban on any development within one mile of a school is not permitted under the national guidelines.

We publish national guidelines for consultation purposes. There are guidelines for wind energy projects passing through the system. They will change matters and make things easier for people. Likewise, guidelines have been set down for telecommunications. We are making changes to small rather than large structures which will be very clear in respect of field strength. The guidelines state the field strength of any small antenna shall not result in the non-ionising radiation emitting from the radio installations on the site exceeding the limit specified by the Commission for Communications Regulation. The commission brings forward all of the standards and recommendations based on EU law and best practice. It deals with many organisations in that regard, but the national guidelines are clear. My colleagues from the Department can clarify any issue the Senator may have. It is my understanding the regulator has a register of all planned telecommunications infrastructure and that it should be up-to-date at all times, but I will check the position for the Senator.