MINUTES OF THE MEETING OF THE HOUSING AND SOCIAL

DEVELOPMENT STRATEGIC POLICY COMMITTEE MEETING HELD

ON THURSDAY  12^th FEBRUARY, 2009

PRESENT:

Members:                                           Council Officials:

Councillor E. Maloney chaired the meeting.

H-I(1)              Minutes

The minutes of the Housing and Social Development Strategic Policy Committee Meeting held on 13^th November, 2008 were proposed by Councillor M. Ardagh seconded by Cllr. C. King and confirmed and approved as a true record and signed.

H-I(2)              Matters Arising  

                        It was NOTED there was no business under this heading.

H-I(3)              RAS Update  

The following report which had been circulated was NOTED:

“The Rental Accommodation Scheme (RAS) commenced in South Dublin County Council in 2005.  To date 626 Rent Supplement Recipients have been transferred to RAS.  A total of 189 vacant properties have been contracted into RAS.  These properties are required to meet the needs of those Rent Supplement Recipients whose landlords are not interested in contracting into RAS or where their existing accommodation does not suit their requirements due to its size or its failure to meet the Housing (Standards for Rented Houses) Regulations.

One hundred of the Rent Supplement Recipients transferred are now in accommodation which is owned by South Dublin County Council and designated RAS.  This accommodation is managed and maintained by North & East Voluntary Housing Association Ltd. under a Service Level Agreement which became effective on 1st January 2009.

Inspections under the Housing (Standards for Rented Houses) Regulations 1993 are also managed by the RAS Unit.  At the end of 2008 a total of 1695 properties had been inspected.  New regulations came into effect on 1st February 2009 Housing (Standards for Rented Houses) Regulations 2008.  These regulations include additional requirements which will give rise to the phasing-out of traditional 'bedsit' accommodation and takes into account the particular requirements of multi unit dwellings.  

During 2009 it is proposed to transfer 400 Rent Supplement Recipients to RAS.  In addition approximately 190 Rent Supplement Recipients will be accommodated in standard local authority homes, voluntary homes and Part V procured homes.”

Mr. M. Fagan, Senior Executive Officer and Mr. B. Coman, Director of Services summarised the report

Following a discussion to which Councillors C. King, M. Corr, M. Ardagh, E. Maloney and Ms. M Healy contributed, Mr. M. Fagan, Senior Executive Officer responded to queries raised.

The report was NOTED.

H-I(4)              Tenancy Agreement

 “A subgroup of the Housing and Social SPC has been established for the purpose of reviewing the Anti Social Behaviour Strategy document which was adopted by the Members in 2005.  The Council’s Tenancy Agreement together with the Scheme of Letting Priorities, which was adopted by the Members and approved by the DoEHLG in 2006 will also form part of the overall review.  The purpose of the review is to strengthen the enforcement powers available to the Housing Authority having regard to the changing profile of our local communities. The sub group comprises the following members of the SPC; Mayor M.Corr, Cllr T. Ridge, Cllr C. King and Ms. Betty Tyrell- Callard.  The inaugural meeting of the group was held on the 7^th October 2008 when the following ten no. recommendations were made by the Members:

1.      Members want a review of Computer System for Housing.

2.      If new system cannot be introduced the Housing Application Form will need to be simplified.

3.      Councillors 20 recommendations in relation to Tenancy Agreement previously agreed to be revisited.

4.      Manchester initiatives in relation to anti social behaviour to be incorporated in draft documentation.     

5.      There should be a mechanism in place to ensure that what is agreed by various agencies at case conferences is followed through. 

6.      Housing Application Form should stress what a tenant’s responsibilities/duties are while they are in Private Rented Accommodation awaiting allocation of house.

7.      We should aspire to ensuring that someone evicted for Anti-Social behaviour not be allowed to get private rented within 3 mile radius. 

8.      Duties and responsibilities of applicants and tenants to be stressed at all times and on all application forms.

9.      Gardaí not to be involved in sub group discussions until we are certain where our responsibilities end and theirs begin. 

10.    Elected members suggested that a representative, possibly from a Housing Association, be advised on the strategy.     

It is hoped to complete the review by lst quarter of 2009.”

             It was AGREED to take Headed Item No. 5 in conjunction with the above Headed Item

H-I(5)  Anti – Social Behaviour

“The Council's Anti Social Behaviour Policy document entitled “A Safe and Peaceful Place to live" was adopted in February 2005.  The purpose of the policy was to create and sustain a safe and peaceful living environment for the tenants of South Dublin County Council by actively tackling anti social behaviour through prevention, enforcement, support and rehabilitation.

www.sdublincoco.ie/sdcc/departments/housing/publications/pdf

A sub-committee of the Housing and Social Strategic Policy Committee was established for the purpose of reviewing the aforementioned Policy document aimed at building on the UK experience of Manchester City Council in dealing with anti-social behaviour with a particular focus on inter-agency co-operation, enforcement powers, victim focus, perpetrators rights and PR campaign. The sub-committee comprises of 3 members, Cllr. Marie Corr, Cllr. Cathal King and Ms. Betty Tyrrell-Collard (representing Trade Union interest).

The inaugural meeting of the committee was held on the 23rd October 2007. The second meeting of the sub group took place on the 08^th January 2008. A third meeting of the group was held on the 7^th October 2008 when the following 10 no. recommendations were made by the Members:

1.      Members want a review of the Computer System for Housing.

2.      If a new system cannot be introduced the Housing Application Form will need to be simplified.

3.      Councillors 20 recommendations in relation to Tenancy Agreement previously agreed to be revisited.

4.      Manchester initiatives in relation to anti social behaviour to be incorporated in draft documentation.     

5.      There should be a mechanism in place to ensure that what is agreed by various agencies at case conferences is followed through. 

6.      Housing Application Form should stress what a tenant’s responsibilities/duties are while they are in Private Rented Accommodation awaiting allocation of house.

7.      We should aspire to ensuring that someone evicted for Anti-Social behaviour not be allowed to get private rented within 3 mile radius. 

8.      Duties and responsibilities of applicants and tenants to be stressed at all times and on all application forms.

9.      Gardaí not to be involved in sub group discussions until we are certain where our responsibilities end and theirs begin. 

10. Elected members suggested that a representative, possibly from a Housing Association, be advised on the strategy.     

The recently published Housing (Miscellaneous Provisions) Bill 2008 (http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,17932,en.pdf) contains provisions in relation to anti social behaviour in local authority housing estates.  Each Housing Authority will be required to draw and adopt an anti social behaviour strategy, the principal objectives of which shall be as follows:

(a) the prevention and reduction of anti-social behaviour

(b) the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, anti-social behaviour.

(c) the promotion of co-operation with other persons, including the Garda Siochána, in the performance of their respective functions insofar as they relate to dealing with, or the prevention or reduction of, anti social behaviour, having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and

(d) the promotion of good estate management.

The Anti social behaviour strategy will set out the proposals of the Housing Authority for achieving these objectives including:

(a) procedures in relation to the making of complaints to the housing authority in respect of anti social behaviour;

(b) initiatives for the prevention and reduction of anti social behaviour;

(c) the provision of education relating to, and the carrying out of research into, anti social behaviour and its prevention and reduction.

In drawing up its anti social behaviour strategy Housing Authorities will be required to consult with -  

(a)   any joint policing committee established under section 36 of the Garda Siochána Act 2005 in respect of its administrative area.

(b) the Garda Siochána,

(c) the Health Service Executive, and

(d) any other person as the authority considers appropriate.

The full text of the relevant section of the Bill is included hereunder for clarity.   There are indications that this bill may be passed into law next month and while the final wording of the legislation cannot be anticipated it is expected that this section of the bill will be retained.

The drawing up and adoption of the anti social behaviour strategy will be a reserved function of the Council.   A draft strategy has been prepared and the Scheme of Letting priorities and the Tenancy Agreement are currently being updated at the end of which process a meeting of the working group will be convened to examine the draft documents before they are brought to the committee proper.

 Section 34 of The Housing (Miscellaneous Provisions) Bill 2008 reads as follows.

“34.—(1) A housing authority shall, within one year of the

commencement of this section, draw up and adopt a strategy (in this

section referred to as an “anti-social behaviour strategy”) in respect

of that part or those parts of its administrative area in which are

situated—

(a) dwellings let by the housing authority to tenants under the

Housing Acts 1966 to 2008,

(b) dwellings in which relevant purchasers (within the meaning

of section 1 of the Act of 1997) reside, and

(c) sites (within the meaning of section 1 of the Act of 1997).

(2) An anti-social behaviour strategy shall have as its principal

objectives—

(a) the prevention and reduction of anti-social behaviour,

(b) the co-ordination of services within the housing authority

directed at dealing with, or preventing or reducing, antisocial

behaviour,

(c) the promotion of co-operation with other persons, including

the Garda Siochana, in the performance of their

respective functions insofar as they relate to dealing with,

or the prevention or reduction of, anti-social behaviour,

having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and

(d) the promotion of good estate management.

(3) An anti-social behaviour strategy shall set out the proposals

of the housing authority for achieving the principal objectives

15 referred to in subsection (2), including, but not necessarily limited to,

the following:

(a) procedures in relation to the making of complaints to the

housing authority in respect of anti-social behaviour;

(b) initiatives for the prevention and reduction of anti-social

20 behaviour;

(c) the provision of education relating to, and the carrying out

of research into, anti-social behaviour and its prevention

and reduction.

(4) A housing authority—

25 (a) shall, not less than 6 months before the expiration of its

housing services plan, and

(b) may, from time to time as it thinks fit,

review its anti-social behaviour strategy and amend the strategy or

draw up and adopt a new strategy, as it considers appropriate.

(5) When drawing up a strategy, or before amending a strategy, a

housing authority shall consult with—

(a) any joint policing committee established under section 36

of the Garda Siochana Act 2005 in respect of its administrative

area,

(b) the Garda Siochana,

(c) the Health Service Executive, and

(d) any other person as the authority considers appropriate.

(6) The drawing up and adoption of, and the amendment of, an

anti-social behaviour strategy shall be a reserved function.

(7) The drawing up and adoption of, and amendment of, an antisocial

behaviour strategy is not to be taken to confer on any person

a right in law that the person would not otherwise have to require a

housing authority in a particular case to exercise any function conferred

on it under the Act of 1997 or this Act or to seek damages

for a housing authority’s failure to perform any such function.”

Mr Hugh Hogan, Senior Executive Officer summarised the reports.

Following a discussion to which Councillors C. King, M. Corr, E. Maloney and Ms M Healy contributed Mr Hugh Hogan, Senior Executive Officer and Mr B Coman, Director of Services responded to queries raised. It was AGREED that a meeting of the Subgroup, set up to advance the preparation of the Anti-social Strategy and Review of Scheme of Letting Priorities and Tenancy Agreement, would meet in early March, 2009.

The reports were NOTED.

H-I(6)              Affordable Homes

 The following report which had been circulated was NOTED:

“South Dublin County Council currently has 247 homes available for sale. 85 of the homes are in the ownership of South Dublin County Council and the remaining 162 are being sold directly to eligible applicants by the developer through the direct sales process. Because of the current economic conditions, falling house prices on the open market, difficulties sourcing mortgage finance, both the Council and developers are encountering challenges in selling the affordable homes. At present there are 2585 approved applicants for affordable housing on our list.

While this Council has been in discussions with the Department of the Environment, Heritage and Local Government in relation to the foregoing issue, the Affordable Homes Partnership has co-ordinated the position with a number of local authorities on unsold homes on behalf of the Department of the Environment , Heritage and Local Government.  The matter is of concern for a number of local authorities nationally and is under review. A number of options such as;

·         Affordable rental

·         Rent to buy option

·         Transfer to Rental Accommodation Scheme (RAS) where appropriate

·         Transfer to social housing where appropriate and subject to DOE funding.

·         Discounting the affordable price

are currently being examined by this local authority and other local authorities together with the Department of the Environment, Heritage and Local Government in order to reach a satisfactory solution.

In developments where the price of the homes remains affordable when compared to the current market price, our marketing strategy is being reviewed in an effort to sell the current stock.  However, this Council is conscious of the fact that the eligible applicants have to be  provided with a home that  is reasonably priced, affordable and suitable to their needs.”

Ms M O’Shaughnessy, Senior Executive Officer summarised the report.

Following a discussion to which Councillors M. Ardagh, T. Gilligan, and Ms M. Healy contributed Ms. M. O’Shaughnessy, Senior Executive Officer responded to queries raised. It was AGREED that Housing Department would obtain further information in relation to the development in Gilabbey Court, Cork, as presented at the September Meeting of the Housing and Social SPC, and consider if this type of development would be appropriate or suitable for South Dublin County Council.

The report was NOTED.

The meeting concluded at   7 pm.  

Sìniù:   ______________________                Dàta    :_____________________

An Cathaoirleach