Results 1,921-1,940 of 8,073 for speaker:Peter Burke

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (14 Sep 2022)

Peter Burke: Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (14 Sep 2022)

Peter Burke: Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. Section 4 of the Act and Schedule 2 of the Planning and Development Regulations 2001, as amended (the Regulations), set out various exemptions from the requirement to obtain planning permission. Any such...

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: I thank the Cathaoirleach, and the Senators for their contributions. I will specifically address amendments Nos. 52 and 53. They provide for the Minister to submit a report within seven weeks of the passing of the Bill to both Houses, confirming whether grants for three ancillary items, namely, accommodation, storage and immediate repair works, can be made available to a homeowner who has...

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: I thank the Senators for their contributions. I will now address amendment No. 57, tabled by Senators Flynn, Higgins, Ruane and Black. The amendment seeks to modify the refund of compensation provisions and substitute provision in respect of limited subrogation so as to allow the Minister to only subrogate claims in excess of the full cost of a like-for-like replacement or remediation while...

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: I addressed the amendment.

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: Section 29 provides for the subrogation of rights to the Minister for those applicants who have received a grant payment under the scheme. If a homeowner chooses to pursue a right of action in respect of the damage to their home then they are free to do so, however, the Bill must be framed so as to ensure that the grant does not operate as a form of double compensation.It is also important...

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: I was not called to come in.

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: I must first be called before I can respond. It is ironic that Senator Cummins has been accused of not addressing the amendment when he pointed out a flaw in the presentation made by Senator Gavan yet Senator Gavan has not addressed the amendment and has gone totally away from it. To specifically address the amendment, I was clear that if litigation was successful, any damages above the...

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: Amendments Nos. 61 to 64, inclusive, seek to call out explicitly in the Bill the role of the Public Appointments Service in recommending the appeal panel members for appointment, to specifically call out some of the experience and expertise required, such as human rights and equality training, for appointment to the appeals panel, to have the chairperson of the appeals panel recommended by...

Seanad: Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Bill 2022: Committee Stage (Resumed) and Remaining Stages (14 Jul 2022)

Peter Burke: Amendment Nos. 65 and 66 seek to allow new documentation to be submitted as part of the appeal process and, therefore, add to what may be considered by an appeals board from the documentation available to the original decision maker. It is important to understand that the appeals process is not a new application process. It is an appeal to an independent body that is made available to the...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: The first Government amendment relates to short-term letting provisions in the planning Act. The Government recognises that a significant number of properties have been withdrawn from the long-term rental market in recent years and been diverted for use as short-term lets. It also recognises the associated negative impact this has had on the supply and availability of private residential...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: That is what I have just spoken to.

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: The second set of amendments relates to ministerial directions on statutory plans as provided for in the planning Act. Since the April 2019 commencement and operation of the Office of the Planning Regulator on foot of implementation of the Planning and Development (Amendment) Act 2018, a number of technical matters have come to light regarding the legislative procedure relating to section 31...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: I thank Senators for their contributions. In the first instance, I flagged the substantive changes in this Bill in the Seanad last April and our intention to bring forward these amendments. Second, we had a number of briefings on 25 May for Senators, and this week we had a second briefing for over an hour and a half, but the full allocated time was not taken up.

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: Regarding those amendments, it is very interesting to hear Senators make a charge with regard to the Office of the Planning Regulator, an office that was established on foot of the Mahon tribunal on planning matters, conflicts of interest and lobbying. The amendments we are making are to ensure consistency and to put in better timelines to make it transparent for the public when a chief...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: The third set of amendments relate to planning flexibility applications in the Planning and Development Act 2000. These amendments address the decision of Humphreys J. in the case Peter Sweetman v. An Bord Pleanála, Ireland and the Attorney General, and Bord na Móna regarding the design envelope approach for the submission of certain planning applications which require a degree of...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: Section 10 is a procedural amendment relating to the flexibility opinion process for applications under section 34 of the principal Act. Large-scale residential development, LRD, applications come under section 34 of the Planning and Development Act, and a pre-application procedure is in place in respect of LRD applications. The section provides that a prospective LRD applicant seeking a...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: The fourth set of Government amendments relates to judicial review provisions in the planning Act. New amendments will require the court to consider whether there is an adequate appeal or other available administrative remedy and, if so, it should not grant leave. This is not as absolute as the amendment that was originally proposed but it is compliant with EU law and creates a presumption,...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: The first proposed change relates to the insertion of a new provision in section 50A of the Act to provide that the court shall not grant leave to apply for a judicial review challenge unless it is satisfied that the applicant has exhausted any available appeal procedure or any other administrative remedy available to him or her in respect of the decision or act concerned. This amendment...

Seanad: Planning and Development, Maritime and Valuation (Amendment) Bill 2022: [Seanad Bill amended by the Dáil] Report and Final Stages (Resumed) (14 Jul 2022)

Peter Burke: I just took a look there - I referred to exactly what we are doing now. I was reading from my Second Stage contribution on judicial reviews of the administrative process word for word. There is a great deal of misinformation going around in Senators' responses today. The sixth set of Government amendments relates to technical amendments to the Maritime Area Planning Act 2021. These...