Dáil debates
Wednesday, 13 July 2022
Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages
8:00 pm
Peter Burke (Longford-Westmeath, Fine Gael) | Oireachtas source
I move amendment No. 11:
In page 3, between lines 22 and 23, to insert the following: "Amendment of section 31AP of Principal Act
7.Section 31AP of the Principal Act is amended—(a) by the substitution of the following subsection for subsection (4):"(4) The Office shall consider the report of the chief executive on the submissions, together with any submission made under section 31(10), and shall, no later than 3 weeks after receipt of that report—(b) by the insertion of the following subsections after subsection (4):(a) recommend to the Minister that he or she issue the direction with or without minor amendments, or
(b) for stated reasons, where the Office is of the opinion that—(i) a material amendment to the draft direction may be required,
(ii) further investigation is necessary in order to clarify any aspect of the report furnished or submissions made, or
(iii) it is necessary for any other reason, appoint a person to be an inspector.","(4A) The Minister shall consider a recommendation of the Office under subsection (4)(a) that he or she issue a direction with or without minor amendments and—(c) in subsection (7)(a), by the insertion of "and the Cathaoirleach of the planning authority" after "the chief executive",(a) where the Minister agrees with the recommendation, then the Minister shall, no later than 6 weeks after receipt of the recommendation, subject to subsection (16), issue the direction under section 31 with or without minor amendments, or (b) where the Minister does not so agree with the recommendation, then the Minister shall—(4B) As soon as practicable after a statement has been prepared under subsection (4A)(b), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.",(i) prepare a statement in writing of his or her reasons for not agreeing,
(ii) cause that statement to be laid before each House of the Oireachtas, and
(iii) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.
(d) by the insertion of the following subsections after subsection (9):"(9A) Where the Minister does not agree with a recommendation of the Office under subsection (9) where paragraph (a) or (c) of that subsection applies, then the Minister shall—(e) by the deletion of subsections (12), (13) and (15), and(a) prepare a statement in writing of his or her reasons for not agreeing,(9B) As soon as practicable after a statement has been prepared under subsection (9A), the Minister shall cause a copy of it to be sent to the Office, the planning authority concerned and, where relevant, the regional assembly concerned and the Office and that authority shall, as soon as practicable thereafter, make it available on their respective websites.",
(b) cause that statement to be laid before each House of the Oireachtas,
and
(c) as soon as practicable, make that statement available on the website of the Department of Housing, Local Government and Heritage.
(f) in subsection (16), by the substitution of "subsection (4A) or (9)" for "subsection (9)" in each place where it occurs.".
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