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Seanad: Sugar Market Reform (17 Nov 2010)

Ciarán Cuffe: I am not sure I accept that fact. While the European Court of Auditors criticised the Commission for not using up-to-date information in the impact assessment exercise in the case of a number of member states, the Commission rejected that finding by indicating that the original impact assessment was followed by an updated version in 2005 and the Commission, in its response, stated: [The...

Seanad: Schools Building Projects (17 Nov 2010)

Ciarán Cuffe: I am pleased to reply on behalf of my colleague, the Tánaiste and Minister for Education and Skills, who, unfortunately, cannot be present. I thank the Senator for giving me the opportunity to outline the Government's strategy for capital investment in education projects and also the provision of accommodation for Calasanctius College in County Galway. I certainly believe that this...

Seanad: Schools Building Projects (17 Nov 2010)

Ciarán Cuffe: I share the Deputy's concerns. The best approach to this matter is to ensure the relevant criteria are clear and transparent and details of the position of any school or proposed facility are clearly available at all times. We should not have to go through the rigmarole of debating such issues in the Seanad. The information should be simply and clearly accessible on the website of the...

Seanad: Alcohol Misuse (17 Nov 2010)

Ciarán Cuffe: I thank Senator Buttimer for raising this matter on the Adjournment. I will take it on behalf of my colleague, the Minister for Health and Children, Deputy Mary Harney. I have made it my policy not to meet representatives of the drinks industry, which has more than sufficient clout as matters stand. As we approach Christmas, Members receive the usual run of invitations to meet...

Seanad: Alcohol Misuse (17 Nov 2010)

Ciarán Cuffe: I was driving on both occasions and am pleased to note that-----

Seanad: Alcohol Misuse (17 Nov 2010)

Ciarán Cuffe: On a more serious note, random breath testing is great and it is working. I hear people talking about it and they factor it into their behaviour. I believe it has led to a reduction in drink-driving and it is a positive tool in the fight against the misuse of alcohol. The Government alcohol advisory group was set up in January 2008 to make recommendations to address the public order aspects...

Seanad: Alcohol Misuse (17 Nov 2010)

Ciarán Cuffe: I tend to agree with the Senator on that score. In my constituency of Dún Laoghaire, the Garda has been good at tackling gangs of kids with slabs of beer in the park during the summer months. Gardaí, community gardaí in particular, have worked well, not to ram the law down people's throats but in cases in which they see a propensity for abuse of alcohol they do something meaningful about...

Written Answers — Planning Issues: Planning Issues (18 Nov 2010)

Ciarán Cuffe: The developer of a residential estate is statutorily required to complete the development in accordance with the terms of the planning permission. A development which has not been completed in accordance with the planning permission is unauthorised development. Enforcement of planning control is a matter for the planning authority, which can take action where a development requiring...

Written Answers — Retail Sector Developments: Retail Sector Developments (18 Nov 2010)

Ciarán Cuffe: In relation to the matter of planning permission, the position is that under the Planning and Development Acts 2000-2010 and the associated regulations, all development commenced on or after 1 October 1964 requires planning permission unless specifically exempted. Section 3 of the Act defines development as "the carrying out of any works on, in, over or under land or the making of any...

Written Answers — Planning Issues: Planning Issues (18 Nov 2010)

Ciarán Cuffe: Section 28 of the Planning and Development (Amendment) Act 2010 amends Section 42 of the Planning and Development Act 2000, which had provided that an extension of the duration of planning permission would be given on application where substantial works had been carried out within the original duration of the permission. While this entitlement remains, section 28 of the 2010 Act added a...

Written Answers — Planning Issues: Planning Issues (23 Nov 2010)

Ciarán Cuffe: Under planning legislation, the decision as to whether to grant a planning application, with or without conditions, is a matter for the relevant planning authority in the first instance or for An Bord Pleanála on appeal. In making decisions on planning applications, planning authorities and the board must consider the proper planning and sustainable development of the area, having regard to...

Written Answers — Planning Issues: Planning Issues (23 Nov 2010)

Ciarán Cuffe: Planning legislation places no specific restrictions on the height of hedges or trees nor does it make any particular provision for recognition of a right to light or remedy from any other nuisance which may be caused by trees in an urban residential area. Complaints relating to matters such as trees or shrubs overhanging a property are normally addressed, where necessary, under civil law...

Written Answers — Archaeological Sites: Archaeological Sites (23 Nov 2010)

Ciarán Cuffe: My Department is preparing a comprehensive response to the European Court of Justice judgment on case C-66/06 and will be formally communicating its response to the European Commission very shortly. There are extensive provisions already in place under the National Monuments Acts 1930 to 2004 dealing with the specific issue raised in the Question. For example, section 5 of the National...

Written Answers — Planning Issues: Planning Issues (23 Nov 2010)

Ciarán Cuffe: Under section 42 of the Planning and Development Act 2000, any person applying for an extension of the duration of his or her planning permission will be granted such an extension, provided that substantial works have been carried out within the original permission duration (subject only to the condition that an application complying with the relevant Regulations was made before the...

Written Answers — Local Authority Funding: Local Authority Funding (24 Nov 2010)

Ciarán Cuffe: Developers and owners of sites are required to ensure that their sites are left in a safe and secure condition. The National Housing Development Survey database provides, inter alia, figures on the overall number of dwellings in unfinished housing developments on a county by county basis and the number of such dwellings that are completed and vacant. It establishes a sound basis for...

Written Answers — Planning Issues: Planning Issues (24 Nov 2010)

Ciarán Cuffe: The responsibility for zoning lands for specific purposes is a matter for planning authorities through their development plans and local area plans. Under the Planning Acts, the making, reviewing and varying of a development plan or local area plan is a reserved function of the elected members of the planning authority for the area. In January 2009, to inform the review of the Regional...

Seanad: Communications Regulation (Postal Services) Bill 2010: Second Stage (24 Nov 2010)

Ciarán Cuffe: I thank Senators for their contributions and welcome the opportunity to respond to their comments and observations. I echo the sentiments and expressions of thanks to postmen and women around the country who go all out to ensure post arrives every day. I grew up in a rural part of south County Dublin and our house was the last on a rural mail route. I remember the postman arriving in all...

Written Answers — Planning Issues: Planning Issues (25 Nov 2010)

Ciarán Cuffe: My Department is currently reviewing the Retail Planning Guidelines which were originally published in 2001 and updated in 2005. An Issues Paper, which set out high-level and strategic issues for retail planning, was published in June 2010 to provide an opportunity for stakeholders and interested parties to assist in identifying key issues to be considered in the context of preparing and...

Written Answers — Unfinished Housing Developments: Unfinished Housing Developments (25 Nov 2010)

Ciarán Cuffe: I propose to take Question Nos. 37 and 44 together. I refer to the reply to Question No. 5 on today's Order Paper which sets out the position in this matter.

Written Answers — Unfinished Housing Developments: Unfinished Housing Developments (25 Nov 2010)

Ciarán Cuffe: I propose to take Questions Nos. 40, 45 and 50 together. Sections 34(4)(g) and 180(2)(b) of the Planning and Development Act 2000 provide respectively that a planning authority may attach conditions to a planning permission requiring the giving of adequate security for the satisfactory completion of a proposed development and, if a development is not subsequently completed satisfactorily,...

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