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Written Answers — Department of Environment, Community and Local Government: Planning Issues (18 Feb 2014)

Jan O'Sullivan: Planning legislation does not place restrictions on the height of trees nor does it make any particular provision for recognition of a right to light. It is a matter for the individual concerned to continue to engage with Fingal County Council in order to reach a resolution on this issue.

Written Answers — Department of Environment, Community and Local Government: Rental Accommodation Scheme Administration (19 Feb 2014)

Jan O'Sullivan: The grounds upon which a tenancy in the private rented residential sector may be legally terminated are clearly set out in the Residential Tenancies Act 2004. The Act provides the main regulatory framework for the private rented residential sector and for the operation of the Private Residential Tenancies Board. It provides for security of tenure and specifies minimum obligations for...

Written Answers — Department of Environment, Community and Local Government: Tree Remediation (19 Feb 2014)

Jan O'Sullivan: There is currently a civil remedy available concerning branches or roots of neighbouring trees encroaching on one’s property. I will, however, give consideration to the proposal in the question with regard to trees acutely impacting on neighbouring properties in the context of the review of the Planning and Development Act. On the specific issue of dangerous trees, I understand that...

Written Answers — Department of Environment, Community and Local Government: Harbours and Piers Maintenance (20 Feb 2014)

Jan O'Sullivan: The application by Sligo County Council for a licence under the Foreshore Act 1933 to carry out dredging works at Sligo Harbour is currently being assessed by my Department. The application is being assessed in the context of the relevant regulatory framework including obligations arising under the EU Birds and Habitats Directives. Following the conclusion of that assessment and the...

Written Answers — Department of Environment, Community and Local Government: Local Authority Housing Waiting Lists (20 Feb 2014)

Jan O'Sullivan: In order for a household to qualify for social housing support, a housing authority must carry out an assessment to establish whether the household meets specified eligibility requirements and has a housing need. One of the housing need criteria prescribed in the Social Housing Assessment Regulations 2011 is that the household has a mortgage that is deemed to be unsustainable under the...

Written Answers — Department of Environment, Community and Local Government: Planning Issues (20 Feb 2014)

Jan O'Sullivan: Section 47 of the Planning and Development Act 2000 (Section 38 of the Local Government (Planning and Development) Act 1963 which was the subject of the Supreme Court Judgment referred to in the Question), provides that a planning authority may enter into an agreement with any person for the purposes of restricting or regulating the development and use of land permanently or for a specified...

Written Answers — Department of Environment, Community and Local Government: Social and Affordable Housing Provision (20 Feb 2014)

Jan O'Sullivan: The housing and budgetary landscape has changed dramatically since 2005. That is why the Government, in its housing policy statement published in 2011, presented a new approach to the provision of social housing. The financial parameters in which we will be operating for the coming years rule out a return by local authorities to very large capital funded construction programmes of the kind...

Written Answers — Department of Environment, Community and Local Government: Local Authority Housing (20 Feb 2014)

Jan O'Sullivan: With regard to the availability of land for housing development in the Dublin area, a recent data gathering exercise conducted by my Department indicated that there is already appropriate zoning of land for upwards of 30,000 new homes in the Dublin region, across the four Dublin local authorities. Accordingly housing supply in the Dublin area is not necessarily constrained by the lack of...

Topical Issue Debate: Wind Energy Generation (25 Feb 2014)

Jan O'Sullivan: The Deputy raised as a Topical Issue the very general issue of set-back distances. He has now specifically raised an issue in Westmeath. While I will answer the general point, I wish to point out that the directive is a draft directive and not a final directive. As there is an ongoing process with the local authority, I will not comment further on that specific issue at this point. I...

Topical Issue Debate: Wind Energy Generation (25 Feb 2014)

Jan O'Sullivan: The current guidelines remain in existence. The draft guidelines I have proposed are from the Deputy's perspective an improvement. Existing guidelines call for a 500 m set-back, but it is not mandatory. I am proposing that it would be mandatory. They also provide for an improvement with regard to noise and the eradication of shadow flicker. These draft guidelines would improve the...

Written Answers — Department of Environment, Community and Local Government: Unfinished Housing Developments (25 Feb 2014)

Jan O'Sullivan: I propose to take Questions Nos. 447 and 487 together. The administration of issues relating to unfinished housing developments is a matter for the individual local authority involved. Each local authority has appointed an Unfinished Housing Development co-ordinator; contact details can be found at: . “Resolving Unfinished Housing Developments: Annual Progress Report on Actions to...

Written Answers — Department of Environment, Community and Local Government: Planning Issues (25 Feb 2014)

Jan O'Sullivan: Section 9 of the Planning and Development Act 2000, as amended, provides discretionary powers in the first instance to certain planning authorities, with the agreement of one or more planning authorities which are adjoining county councils, to make a single development plan. This is a reserved function of the elected members concerned. While I have no plans currently to use my powers under...

Written Answers — Department of Environment, Community and Local Government: Housing Issues (25 Feb 2014)

Jan O'Sullivan: My Department is working closely with Limerick City Council and the Office for Regeneration in progressing proposals for the remediation of homes affected by the recent flooding. My Department has been advised by the City Council that a total of 12 6 houses, of which 103 were occupied properties , were affected to varying degrees by the flooding. While a number of these properties were...

Written Answers — Department of Environment, Community and Local Government: Regeneration Projects Status (25 Feb 2014)

Jan O'Sullivan: The Limerick Regeneration Framework Implementation Plan (LRFIP) was drawn up having regard to the existing flood risk for St Mary's Park and King's Island as well as past instances of flooding in Limerick City and King’s Island. The Plan promotes a precautionary approach with regard to the provision of replacement housing and the refurbishment of those houses scheduled for retention...

Written Answers — Department of Environment, Community and Local Government: Local Authority Housing (25 Feb 2014)

Jan O'Sullivan: I propose to take Questions Nos. 464, 465 and 485 together. Under my Department’s Social Housing Investment Programme for 2014, some €30 million is being provided for improving the energy performance of older local authority housing stock. The funding is part of a three year investment programme to improve energy efficiency and comfort levels in 25,000 local authority homes....

Written Answers — Department of Environment, Community and Local Government: Wind Turbines (25 Feb 2014)

Jan O'Sullivan: I wrote to the County Manager, Westmeath County Council on 15 February 2014 giving notice that I am considering issuing a direction pursuant to Section 31 of the Planning and Development Act 2000 (as amended) in relation to the provisions on minimum setback distances for wind turbines and certain other issues incorporated in the Westmeath County Development Plan 2014-2020 as adopted by the...

Written Answers — Department of Environment, Community and Local Government: Shared Ownership Scheme (25 Feb 2014)

Jan O'Sullivan: The Government’s 2011 Housing Policy Statement announced the standing down of all affordable housing schemes, including the shared ownership scheme, in the context of a full review of Part V of the Planning and Development Acts 2000-2013. Details regarding the review are available on my Department’s website The period for public submissions has closed and submissions from a...

Written Answers — Department of Environment, Community and Local Government: Housing Issues (25 Feb 2014)

Jan O'Sullivan: I propose to take Questions Nos. 469, 470 and 479 to 483, inclusive, together. The 60 apartments owned by Tuath Housing Association at Gallery Quay were constructed as part of a private development of 300 apartments and commercial units at Gallery Quay over the period 2005 to 2006. In accordance with Part V of the Planning and Development Act, 2000, up to 20% of the dwellings were made...

Written Answers — Department of Environment, Community and Local Government: Social and Affordable Housing Provision (25 Feb 2014)

Jan O'Sullivan: It is already a condition of the social housing leasing scheme that in order for properties to be accepted onto the scheme they must be in compliance with all relevant planning and building regulations. In addition, properties must meet standards set out for rented properties in Housing (Standards for Rented Houses) Regulations 2009. Local authorities are tasked with ensuring that properties...

Written Answers — Department of Environment, Community and Local Government: Local Area Plans (25 Feb 2014)

Jan O'Sullivan: Under sections 18, 19 and 20 of the Planning and Development Act 2000, as amended, the making, amending or revoking of a local area plan is a reserved function of the elected members of the planning authority. Furthermore, under section 19 of the Planning and Development Act 2000, as amended, a planning authority must commence a review of a local area plan 6 years after the making of the...

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