COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

South Dublin County Council Crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, July 08, 2019

HEADED ITEM NO. 16

Report on the Public Consultation Process in relation to Draft Traveller Accommodation Programme 2019-2024

Introduction

In accordance with the Traveller Accommodation Act 1998, South Dublin County Council is required to prepare, adopt and implement a new Traveller Accommodation Programme to meet the accommodation needs of the county's indigenous Traveller Community, i.e. those families who have been resident in the county for at least three years prior to the adoption of South Dublin County Council's Traveller Accommodation Programme 2019 – 2024.

The existing programme, which commenced on the 1st January 2014, expired on 30th June 2019. The new Traveller Accommodation Programme will cover the period from the 1st July 2019 to the 30th June 2024.

The Minister for Housing and Urban Development has issued a number of directions under the Act in relation to the preparation of the new Traveller Accommodation Programme and these are contained in Circular Letter 35/2018, together with a 'Memorandum on the Preparation, Adoption and Implementation of Local Traveller Accommodation Programmes 2019 – 2024'. The Minister has specified that the latest date for the adoption of accommodation programmes is the 30th September 2019.

Consultative Process

The Housing (Traveller Accommodation) Act, 1998 requires that an extensive and thorough consultation process underpin the preparation and implementation of the Accommodation Programme with all interests concerned. Accommodation programmes are required to be prepared and implemented in consultation with other local public authorities, community groups and other bodies, Travellers both directly and via the Local Traveller Accommodation Consultative Committee, Traveller Support Groups and the public in general. The purpose of these consultation provisions is to ensure that the views of all concerned with or affected by proposals for Traveller Accommodation are considered.

Notice of the intention to carry out the Assessment of Need and to prepare the Draft Accommodation Programme was given to members of the Local Traveller Accommodation Consultative Committee, Voluntary Housing Associations active within the county, the Health Services Executive, and all five adjoining Housing Authorities. The closing date for receipt of submissions prior to the publication of the draft Traveller Accommodation Programme 2019–2024 was 28th September 2018.  Six (6) submissions were received and are included in the draft programme in Appendix 1.  These submissions were from the Traveller Health Unit, Health Service Executive, Tallaght Travellers Community Development Project, Clondalkin Travellers Development Group, Minceirs Whiden, National Traveller MABS and Parish of the Travelling People. These submissions were used to inform the content of the draft programme.

The Draft programme was published on 1st April 2019 and notice of its publication was advertised in the national/local press and on the Council's Website and Consultation Portal. Notification was also provided to members of the Local Traveller Accommodation Consultative Committee, and the five adjoining Housing Authorities. Following publication, a two-month period in which interested parties could make a submission on the draft programme commenced.  Meetings of the Local Traveller Accommodation Consultative Committee took place on 28th March and 3rd May 2019 to discuss the draft programme.

The closing date for submissions was Friday,31st May 2019.

Outcome of Public Consultation Process:

A list of all the persons, organisations and bodies that made submissions is provided below together with a copy of the submission received. For reasons of data protection, these documents have the personal addresses of submitters redacted.

A total of 115 submissions were received (Link to Names of Submitters) during the consultation period which are categorised as follows: 

Summary of Issues Raised and Chief Executive’s Responses:

99 submissions referred to proposals for the provision of Traveller Accommodation Units in Newcastle, Bustyhill, Steelstown, Blackchurch/ Windmill Hill areas:

Response:

The areas listed are potential/ indicative locations for Traveller Accommodation sites to be selected depending on need/ future development of the areas concerned. These locations are included in the current County Development Plan 2016-2022 and previous Traveller Accommodation Programmes with the exception of the additional site at Baldonnell referred to further below.

Proposals for any new permanent Traveller Specific Accommodation in these areas will be subject to the Part 8 Planning process which requires that specific details of the locations and the proposed development will be published for public consultation as set out in the planning legislation.

9 submissions referred to proposals for the provision of Traveller Accommodation Units in Rathcoole:

Response:

10 units of Traveller Accommodation (group houses) in total comprising two separate developments of 5 group houses each) have been incorporated into the draft Rathcoole Urban Design Framework and Masterplan for the proposed development of new homes on lands owned by the Council.

1 submission referred to proposals for the provision of Traveller Accommodation Units in the Shackleton Estate in Adamstown:

Response:

The Adamstown Strategic Development Zone Planning Scheme 2014, states that social housing provision must include at least four Traveller Accommodation Sites comprised of up to six units which can comprise of grouped houses and or residential caravan bays, depending in the requirements of South Dublin County Council. The four accommodation sites shall generally be located in accordance with the symbols identified on page 14 of the Adamstown Proposals for Development. Two thirds of the Traveller accommodation sites shall consist of housing units.

6 submissions received reference various other issues relating to Traveller accommodation as follows:

Provision of Traveller Accommodation in Clonburris

Response:

There are currently three Traveller Accommodation sites in the Clonburris area located at Lynch’s Park, Kishogue Park and an emergency site at Lynch’s Lane. It proposed in this programme to redevelop the emergency site for the provision of permanent group housing. 

Redevelopment of existing Oldcastle Park Traveller Accommodation Site:

Response:

The construction and refurbishment programme will address design and provision difficulties at existing sites. Consultation and agreement with the Travellers living on these sites is critical so that an acceptable design for each site is achieved.

In recognition of this, the Traveller Accommodation Unit proposes to begin the process in 2020 for the construction/refurbishment of the existing site to provide up to 25 long term sustainable Traveller Accommodation Units. The redevelopment of the Oldcastle Traveller Accommodation Site is a priority objective for the Council subject to funding from the Department of Housing Planning and Local Government and Part 8 Planning Approval.

Provision of Culturally Appropriate Housing for the refurbishment of existing and new sites:

Response:

The Council constructs and refurbishes Traveller specific accommodation projects in accordance with Guidelines issued under section 13 (6) of the Housing Act 1988, as amended by the 1998 Act. These guidelines are available on the Department’s website at www.housing.gov.ie which were prepared in consultation with representatives from the Traveller Community and the National Traveller Accommodation Consultative Committee.

Provision of a Transient Site for Travellers be a priority under the new Traveller Accommodation Programme.

Response:

As outlined in the draft Traveller Accommodation Programme, it is an objective of the Council to consider the provision of transient accommodation in the county during the term of the current Traveller Accommodation Programme. However, in consultation with the other Dublin Local Authorities it has been agreed that the main focus will be to meet the projected need for permanent accommodation for Travellers and that the provision of a transient site should only be addressed when that demand for permanent accommodation is realised and in conjunction with the other Dublin Local Authorities.

Requirement to be resident in the County for three years prior to the adaptation of the Traveller Accommodation Programme 2019-2024

Response:

The policy statement in the Draft Traveller Accommodation Programme 2019 - 2024 states that the programme is been drawn up to 'meet the accommodation needs of the county's indigenous Traveller Community, i.e. those families who have been resident in the County for at least three years prior to the adoption of the Traveller Accommodation Programme 2019 – 2024.

The use of an 'indigenous clause' allows the local authority to plan what numbers of houses/bays will be required throughout the programme. The then Department of the Environment, Community and Local Government, stated in circular letter TAU 4/2009, that the High Court has held that the inclusion of an indigenous clause within a Traveller Accommodation Programme comes within the statutory power of a housing authority, as long as the indigenous policy is not applied so rigidly as to become an effective bar to a member of the Traveller community being considered for accommodation by a housing authority.

Future Need for Young Travellers not provided in the Draft Traveller Accommodation Programme 2019-2024

Response:

The assessment carried out in November 2018, identified that 82 individuals will reach 18 years of age on or before the end of 2024. However, the Council’s priority must remain focussed on the provision of homes for the families that are in currently in emergency or shared accommodation during the period of the new Traveller Accommodation Programme 2019-2024.

Caravan/Mobile Home Loan/Rental Scheme

Response:

It is acknowledged that Travellers can face difficulty in accessing finance to purchase caravans/mobile homes. Following discussions with National Traveller Money Advice and Budgeting Service, a draft Caravan Loan scheme was drawn up under the last programme.  This scheme proposed to make loans of up a maximum of €10,000 per applicant available, subject to an agreement to repay by way of signing up to Household Budget and at an interest rate of 2.5% on the loan. This scheme is in line with the Department’s guidelines for such schemes but has increased the maximum loan available.

Fuel Efficiency in Traveller Specific Accommodation

Response:

The Council is committed to constructing all new homes to highest energy efficiency standards. The most recent Traveller Accommodation development in the County achieved A2 building energy ratings. Through the LTACC the Council will examine the recommendations of the recently published – Addressing Energy Poverty Report 2019 study published by the National Traveller Money Advice and Budgeting Service.

Provision of Traveller Specific Older Person's Accommodation

Response:

It is proposed to consider the provision of housing specifically for older persons within the lifetime of this programme. Although life expectancy generally is lower among members of the Traveller Community, age profiles among our tenants are increasing. In some cases, older Traveller tenants are living alone in accommodation which is no longer suited to their needs. South Dublin County Council is proposing to look at the potential for developing accommodation units for older persons. This would enable the Council to provide dwellings that meet the needs of older tenants. At the same time, it would free up larger dwellings that could then be allocated to applicants from our Traveller Specific Housing List or those in overcrowded accommodation.

Tenant Participation

Response:

The Traveller Accommodation Unit welcomes and encourages tenant participation in the management and maintenance of our Traveller Specific Accommodation. The unit meets various resident’s associations and community groups on site regularly and on an informal basis, but it is proposed to establish a more formal structure for these meetings to take place.

Chairperson of the LTACC should be ex- offficio member of the Housing Strategic Policy Committee

Response:

The Guidelines recommend that the Strategic Policy Committees will have two-thirds of its membership drawn from the elected representatives of the Council and that one-third of the membership be drawn from external sectoral groupings. The Housing SPC will have 8 elected members, plus 1 representative from the Development Construction Sector, 2 PPN (1 community, 1 social inclusion pillar) and 1 Trade Union.

The learning from (the Residents Associations, Participative Budgeting, Waste Management, LTACC sub-committee work) initiatives undertaken by the outgoing LTACC must be included in the new Programme.

Response:

Included in the new programme there is reference to funding available under a Traveller Participatory Budgeting Initiative in conjunction with the Tallaght and Clondalkin Traveller Development Groups to design and deliver training and capacity building for Travellers who wish to participate in the establishment of resident associations. In addition, the programme refers to a pilot refuse collection service in conjunction with a contracted waste provider and residents of Cherryfield Way. The pilot will be reviewed and if successful, the service will be extended to other Traveller Accommodation Sites in the County.

Inclusion of Key Performance Indicators and deadlines

Annual targets will be reviewed on an ongoing basis to ensure that progress is being maintained. Regular reporting will be provided to the Senior Management Team, the Housing Strategic Policy Committee and the Department of Housing, Planning and Local Government. A report on all activities under this programme will also be furnished at each LTACC meeting.  A review of the 2019-2024 Traveller Programme will be carried out not later that the 31st December 2021. Following the review, any amendment to the proposed accommodation programme must be made within 7 months.

Amend Part 8 of the Planning Act and Repeal the Criminal Trespass Legislation (Housing Miscellaneous Provision Act 2002)

Response:

In 2018, the Traveller Accommodation Expert Group was established by the Minister of State for Housing and Urban Renewal to review the Traveller Accommodation Act 1998 and other legislation that impacts the provision and delivery of accommodation for Travellers. The outcome of this review is currently pending. 

Environmental Initiatives /Sustainability/Mental Health/Traveller Economy /Education and Training

Response:

The South Dublin County- Inter-Agency Group progresses these objectives as outlined in the National Traveller and Roma Inclusion Strategy 2017-2021

Amendment of Draft Accommodation Programme Following Public Consultation

In the Draft Traveller Accommodation Programme published on the 1st April 2019, the Council outlined its commitment to the closure to of a small number of emergency/ temporary sites through the provision of safe, fully serviced, high quality accommodation during the lifetime of this programme. Since the draft was published a site in the Baldonnell area has been identified as a potential location which may facilitate the closure of an existing emergency/temporary site. This site is now included in the list of proposed/indicative locations for Traveller Accommodation for the period 2019-2024. This amendment is in accordance with Section 10 (4) of the Traveller Accommodation Act 1998 and would necessitate a variation of the County Development Plan 2016-2022 upon the adoption of the Traveller Accommodation Programme.

Recommendation

Following a review of the submissions and having regard for the legislative requirements, it is now recommended that the Council proceed with the draft ‘Traveller Accommodation Programme 2019-2024’ in the foregoing report. Accordingly, the following Motion is proposed for adoption:

“The Traveller Accommodation Programme 2019–2024 is hereby adopted by South Dublin County Council.”