Seanad debates

Wednesday, 16 November 2016

Planning and Development (Housing) and Residential Tenancies Bill 2016: Second Stage

 

10:30 am

Photo of Jennifer Murnane O'ConnorJennifer Murnane O'Connor (Fianna Fail) | Oireachtas source

I thank the Minister for introducing a good Bill. All Members recognise the need for change. The provision of the fast-track planning for developments of more than 100 housing units in which the application will be made directly to An Bord Pleanála will boost supply. In the long term it will create jobs for builders, who did not have that much work in the past few years. However, in the past when large housing developments were appealed to An Bord Pleanála it took up to two years for a decision. The decision time definitely needs to be addressed. It is important that the proposed changes in the legislation do not impact on the democratic role of councillors in preparing area development plans and county development plans.

I went to a meeting of my local authority on Monday. The issue of fast-track planning for developments of 100 houses was raised, but councillors were not aware that this provision is for a two-year period up to 31 December 2019. The Carlow councillors were not aware of the provisions and required further information. I think the Department of Housing, Planning, Community and Local Government should have contacted every local authority. It is more than ten years since Carlow County Council had a builder build more than 100 houses. This provision is welcome, especially in the bigger cities such as Dublin, but the small rural counties, such as Carlow and its neighbouring counties, we would seldom have a developer building 100 houses in the county. Has the Minister considered making provision for the smaller counties? I would love it if a developer proposed to build more than 100 houses and I know that Carlow County Council would be delighted also, but it is more than ten years since we have had building on this scale. However, I request the Minister to look again at this provision as it needs to be tailored for small counties.

In my view the main reason for the hold up in the supply of social housing is with the Department. The Department is not approving social housing projects, voluntary housing projects or local authority housing. I remember the directive from the Department to dezone lands which had been zoned for housing. That was fine at the time eight years ago as there was a great deal of land zoned for housing, but again we are in a crisis and I believe part of the plan should be to allow local authorities to take the initiative on rezoning the land that was dezoned. Some of this dezoned land belongs to the local authorities. The Minister needs to look at these issues in his plan.

The Minister referred to environmental impact assessment, EIA, screening arrangements in respect of certain development works, including flood related works. As someone who has lived in an area prone to flooding for years, I know this is very important. Approximately eight years ago, the Department provided €22 million for the Carlow flood relief scheme. People have had a whole new life since the work was done as previously we had massive flooding in Carlow every year. This provision in the Bill is a must for anybody affected by flooding. I have seen elderly people cry because every year their house had been flooded from the River Barrow. This provision in the Bill is welcome and is a very good initiative.

The Bill proposed to amend a section of the Residential Tenancies Act 2004. I understand that in cases where a landlord proposes to sell 20 or more units within a single multi-unit development at the same time, the sale will be subject to the existing tenants remaining in situ. However, this will not apply if the landlord can show that the market price of the dwelling, subject to the tenant remaining, is more than 20% below the price that he or she would receive if the dwelling was vacant. One can see this provision is based on the pattern in Dublin. If one looks at multi-unit developments in Carlow, one does not have development of 20 plus units. The provisions of the section need to take account of the developments in the smaller counties. I believe that the provision should refer to five units and not 20 or more units.

Like all councillors and Senators, I would have dealings with the Private Residential Tenancies Board. The enforcement of housing standards in rented accommodation is an issue. The local authorities do not have the staff to cover enforcement any more. Unless the Minister puts something in place so that enforcement officers can assess properties every six months or every year, it will not work. Some of the rented accommodation that people have to live in is not fit for humans. I have visited these properties, so I highlight this as an issue the Minister will have to look at.

A tenancy is a four-year phase, but I think the Minister needs to be lenient. If people got some leeway on that they would stay longer. I definitely agree with the Minister's point that the landlords and local authorities must work together to ensure that the tenant has the proper standard of accommodation and has rights, like the landlord. It is most important that everybody works together.

I believe the Government should develop a new borrowing framework for the institutes of technology to fund infrastructural development, including student accommodation and campus facilities.The University Act 1997 contains a provision for universities to borrow within a framework agreed with the Higher Education Authority.

I have a love of local authorities. There are two great colleges in Carlow, Carlow Institute of technology and St. Patrick's. People cannot find rental accommodation because everything is gone. Once there are third level institutes and colleges, naturally landlords will get a better price. Students are inclined to get first leniency. There is now a crisis and many people attend a homeless clinic every Wednesday but we cannot find accommodation for them.

I am glad the Minister referred to HAP. It is a good scheme, but until the rental market is sorted out in terms of how much people can pay or what caps will be in place, it will not work. He referred to extra staffing. In the local authority in Carlow, 120 staff have been lost. The Minister has provided five extra staff. There are two new engineers, a new technician and two administrative staff. However, we are down over 100 staff. I ask the Minister to try to provide extra staff to local authorities. It is a must. The morale of staff is being affected. Everybody is doing his or her best and I have to compliment all local authority staff. At the end of the day, when one is under pressure it is hard work.

I refer to the housing purchase loan scheme. It has not been discussed, but it is a major issue. Most people who come to my clinics are falling between the nets. They are not eligible for local authority housing lists because there are only 27,500, something which needs to be addressed, but also cannot get a mortgage. They are coming to local authorities in Carlow for mortgages. Those affected include prison officers and teachers. Can the Minister promote mortgages from local authorities and once again give people the chance to buy a house so that if they do not get a loan from a bank or building society, they will qualify for local authority loans?

Will the Minister put a scheme in place to address people who are falling through the net, cannot get onto local authority housing lists and are paying rent of €800 or €1,000 a month? They are asking me whether they can get local authority loans in order to buy houses. I know the Minister will address these issues and I thank him.

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