Oireachtas Joint and Select Committees

Wednesday, 5 December 2018

Select Committee on Housing, Planning and Local Government

Local Government Bill 2018: Committee Stage

6:00 pm

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I move amendment No. 70:

In page 20, between lines 18 and 19, to insert the following:

“Relevant sums for purposes of section 22

21.For the purposes of section 22, each of the following is a relevant sum: (a) the county rate payable in respect of land situated in the relevant area;

(b) rents or charges payable in respect of tenancies of dwellings situated in the relevant area provided under the Housing Acts 1966 to 2015;

(c) repayments payable in respect of housing loans within the meaning of the Housing (Miscellaneous Provisions) Act 1992 relating to properties situated in the relevant area;

(d) fees or charges payable in accordance with bye-laws under section 199 of the Principal Act that would not have been payable had such bye-laws not applied to the relevant area;

(e) fees payable—
(i) in accordance with Part 12, and Schedules 9 and 10, of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), in respect of —
(I) development (within the meaning of the Act of 2000) in the relevant area, or

(II) proposed development (within such meaning) in the relevant area,
(ii) in accordance with regulations under section 4, 6, 7, 7A or 18 of the Building Control Act 1990, in respect of any matter relating to —
(I) buildings (within the meaning of that Act) situated in the relevant area, or

(II) works (within such meaning) carried out in the relevant area,
(iii) in respect of an application for a grant or renewal of a licence under the Road Traffic (Public Service Vehicles) (Amendment) Regulations 1995 (S.I. No. 136 of 1995) where the address provided for inclusion on the licence by the applicant for the licence is of a place situated in the relevant area,

(iv) in respect of applications for dog licences or general dog licences under the Control of Dogs Act 1986, where —
(I) in the case of an application for a dog licence, the applicant resides in the relevant area, and

(II) in the case of an application for a general dog licence, the premises to which the application relates is situated in the relevant area,
(v) in accordance with regulations under the Air Pollution Act 1987, in relation to applications for licences or reviews of licences under that Act in respect of industrial plant carried on or proposed to be carried on in the relevant area,

(vi) in respect of applications for licences relating to stores situated in the relevant area to which section 21 of the Dangerous Substances Act 1972 applies,

(vii) by the holder of an abattoir licence pursuant to regulation 5 of the European Communities (Fees for Health Inspections and Controls of Fresh Meat) Regulations 2004 (S.I. No. 74 of 2004) where the abattoir to which that licence relates is situated in the relevant area, or

(viii) in respect of the parking of vehicles in any place in the relevant area pursuant to bye-laws under section 36 of the Road Traffic Act 1994;
(f) charges—
(i) payable under subsection (10) of section 66 of the Principal Act where the amenities, facilities, services or other thing is or are provided in the relevant area,

(ii) imposed in accordance with section 2 of the Local Government (Financial Provisions) (No. 2) Act 1983 in respect of the provision of a service in the relevant area,

(iii) payable pursuant to subsection (3) of section 35 of the Fire Services Act 1981 by beneficiaries of a fire service for services provided in the relevant area, or

(iv) payable in accordance with bye-laws under section 101 of the Road Traffic Act 1961 in respect of the use of car parks situated in the relevant area;
(g) sums payable in accordance with section 28 of the Litter Pollution Act 1997 in respect of offences alleged to have been committed in the relevant area;

(h) levies imposed under section 211B of the Principal Act in respect of relevant property (within the meaning of Part 19A of that Act) situated in the relevant area; and

(i) such other fees, charges, levies or sums imposed by, or payable to, a local authority under any enactment in respect of lands situated, or services provided, in the relevant area, as may be agreed by the Cork local authorities.”.

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