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Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I move amendment No. 7: In page 3, between lines 22 and 23, to insert the following: “Amendment of section 31 of Principal Act 3.Section 31 of the Principal Act is amended- (a) in subsection (3), by the substitution of “section 31AM(8) or 31AO(7)” for “section 31AN(9) or 31AP(9)”, (b) in subsection (4)(b), by the deletion of “, in the case of...

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: The first amendment proposed by Deputy Cian O'Callaghan relates to the penalties that should be applicable to non-compliance with the proposed new short-term letting provisions. What is essentially proposed is that the penalties to be applied should be a class A fine with the term of imprisonment being increased to up to 12 months on summary conviction and up to two years on conviction on...

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I have shown my evidence already. By withdrawing an amendment, I was making that very clear to the House. I have no issue if we proceed and go through each amendment. That is the way we should go forward.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I move amendment No. 2: In page 3, between lines 11 and 12, to insert the following: “PART 2 AMENDMENT OF PLANNING AND DEVELOPMENT ACT 2000". This amendment inserts the wording regarding Part 2 of the principal Act. Amendment No. 3 provides an additional definition to the definition of "Principal Act" to mean the Planning and Development Act 2000 and the definition of "Board" to...

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I move amendment No. 3: In page 3, between lines 14 and 15, to insert the following: “ “Minister” means the Minister for Housing, Local Government and Heritage;”.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I move amendment No. 4: In page 3, between lines 15 and 16, to insert the following: “Amendment of section 3A of Principal Act 2.Section 3A of the Principal Act is amended— (a) by the insertion of the following subsections after subsection (1): “(1A) A person shall not, during the relevant period, advertise or cause the advertisement of a relevant property for...

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I will comment briefly on a few points. I hope our dealings in the context of the Maritime Area Planning Act demonstrate that I have listened to the Opposition. We took a series of amendments from the Opposition, withdrew some amendments and came back on Report Stage with further amendments in consultation with the Opposition. I firmly put that on the record. We have listened today in...

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Committee and Remaining Stages (13 Jul 2022)

Peter Burke: I move amendment No. 1: In page 3, between lines 11 and 12, to insert the following: “PART 1 PRELIMINARY AND GENERALShort title, collective citation, construction, and commencement 1.(1) This Act may be cited as the Planning and Development, Maritime and Valuation (Amendment) Act 2022. (2) The Planning and Development Acts 2000 to 2021 and Part 2may be cited together as the...

Rent Reduction Bill 2022: Second Stage [Private Members] (13 Jul 2022)

Peter Burke: -----but they are putting forward no solutions. At least they are consistent in one thing: object, object, object.

Rent Reduction Bill 2022: Second Stage [Private Members] (13 Jul 2022)

Peter Burke: I thank the Deputies for bringing forward this Bill. However, the Government will be opposing it. Aside from its technical and practical operational shortcomings, it would in all likelihood quickly face significant risk of legal challenge and is likely to have a severely detrimental effect on the supply of much-needed rental property. The Government is acutely aware that rents are very...

Rent Reduction Bill 2022: Second Stage [Private Members] (13 Jul 2022)

Peter Burke: Does that include those from the Opposition?

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: I was not laughing. The Opposition is laughing.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: The Opposition is laughing.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: Amendment No. 25 is being withdrawn.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: I move: That it be an instruction to the Committee on the Planning and Development (Amendment) (No.2) Bill 2022, that: (a) Standing Order 233(2) is modified to provide that the Committee has the power to make amendments to the Bill which are outside the existing subject matter of the Bill, in relation to: (i) the Valuation Acts 2001 to 2020 to enable the Commissioner of Valuation to...

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: It should be there. We can organise that immediately.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: We can wait until we get it.

Planning and Development (Amendment) (No. 2) Bill 2022 [Seanad]: Instruction to Committee (13 Jul 2022)

Peter Burke: I thank the Leas-Cheann Comhairle. I apologise; my office is working on it and the speech will be here as quickly as possible. I will continue. The purpose of the amendments to the Valuation Acts, 2001 to 2020, is to enable the Commissioner of Valuation to defer the roll-out of the national revaluation programme due to the unprecedented impact on the economy and the commercial property...

Written Answers — Department of Housing, Planning, and Local Government: Vacant Sites (13 Jul 2022)

Peter Burke: Under the vacant site levy provisions in the Urban Regeneration and Housing Act 2015 (the Act), planning authorities were empowered to apply a vacant site levy of 3% of the market valuation of relevant properties which were listed on local authority vacant site registers in 2018, which relevant owners were liable to pay in January 2019. The rate of the levy increased to 7% for sites listed on...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (13 Jul 2022)

Peter Burke: Under section 50 of the Planning and Development Act 2000, as amended (the Act), any person who considers that they have reason to question the validity of a decision made by a planning authority or An Bord Pleanála under the Act may apply to the High Court seeking a judicial review of that decision or act. It is a matter for the Courts to decide whether to grant leave for judicial...

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