Results 3,981-4,000 of 8,081 for speaker:Peter Burke

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: It is purely a question of the order in which the provisions apply. There is absolutely no change or diminution of the section. It is just circular, to make sure that the references make sense. You follow down through it in direct order - that is all it is.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Amendments Nos. 4 and 6 are Government amendments. Amendment No. 5, as proposed by Senator Fitzpatrick, seeks to achieve the same end as amendment No. 4. Amendment No. 4 is a technical drafting amendment recommended by the Office of the Attorney General to ensure consistency with the other provisions relating to decision-making by the members of the planning authority, as set out in...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I thank most Members for their support for the amendment. Senator Higgins is incorrect in that it is consistent with the Planning and Development Act. Sections 9 and 11 deal with the extension of development plans currently. They have been extended by a number of local authorities by agreement of a majority of the members. We are not conflating it with variations or other such types of...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I will address opposition amendment No. 7. While I understand the intention behind the proposed changes, I must oppose this amendment. Proposed new sections, section 9A(1) and section 9A(2), to be inserted into the 2000 Act, set out two alternative means of initiating the process set out in the Bill, in respect of taking an additional period of time to prepare a new development plan....

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: While I understand the intention behind the proposed changes, I must oppose the amendment. Proposed new sections 11D(13) and 9A(4) already provide that a planning authority may make more than one decision to extend the duration of the existing development plan and take additional time to prepare a new development plan, but the cumulative period of any such periods shall not exceed one year....

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Amendments Nos. 9, 41, 47, 50 and 63 are jointly tabled by Senators Warfield, Boyhan, Gavan and Ó Donnghaile and amendments Nos. 10, 11, 42, 43, 48 and 49 are tabled by Senator Higgins.While I understand the intention behind these proposed changes, I must oppose them. The proposed amendments seek to amend the date on which provisions set out under sections 2, 3, 5, 6 and 8 will cease to...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I will address amendment No. 12, which I must oppose. The proposed new section 11D(2)(a) already provides that screening for strategic environmental assessment and appropriate assessment is undertaken as a minimum in order for the planning authority to be satisfied that "the effect of the proposed extension of duration of the existing development plan for the area ... is not likely to have...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: The determinations will be published in the normal way on the website of the relevant local authority. Again, I stress there is no diminution of the thresholds for SEAs, AAs or any environmental impact or climate change measures, on the work we are doing today.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I thank Members for their contribution. I will address Opposition amendments No. 16, 17, 21 and 40. While I understand the intention behind each of them, the Government must reject them. Amendments Nos. 16 and 21 both seek to require an assessment of the potential impact of an extension on the local authority's achievement of obligations as a relevant body under section 15 of the Climate...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: It is for each local authority to assess what it wants to do regarding housing and zoning. Obviously, any change in zoning requires a variation. The Department's remit on that is with the OPR. The OPR assesses every variation that is made in the State to see if it meets best practice that is currently underpinned in the planning and development Acts. If it does, there is good reason for...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: No, I think I was clear enough in what I said.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: While I understand the intention behind the proposed changes, I must oppose these amendments. The provision of a period of not less than four weeks for the making of submissions and observations following notification of the proposed extension of duration of the existing development plan, as set out under proposed new section 11D(4)(c), with the same period required for display of any...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Unfortunately, I must oppose these amendments, which propose that a planning authority must, before making a decision as to whether to extend the duration of the existing development plan, undertake various assessments. Amendment No. 22 seeks an assessment of the potential impact of an extension on the local authority's achievement of obligations as a relevant body in respect of the public...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I will address together amendments Nos. 26, 30 and 31, as grouped by the Bills Office. The amendments have been tabled by Senator Higgins and, unfortunately, I must oppose them. As regards amendment No. 26, the proposed new section 11D already requires, at subsection (5)(c), that the report of the chief executive shall list the persons or bodies who made submissions or observations under...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I will further address that under amendment No. 28 in the next grouping.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Amendments Nos. 27 and 29 are Government amendments. Amendment No. 27 should clarify that the provision relates to a planning authority as opposed to the Planning Authority. Amendment No. 29 is also a technical drafting amendment recommended by the Office of the Attorney General to ensure that where a planning authority is considering the effects of the proposed extension of duration of an...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Section 6 was deliberately drafted this way to ensure that time is the issue in terms of the extension and the adjudication, and the Office of the Attorney General has been over this quite solidly, so we are very happy about the way this aspect of the Bill is absolutely on purpose directed this way.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: I will address amendments Nos. 32 to 34, inclusive, together, in the manner in which they have been grouped by the Bills Office. Amendments Nos. 32 and 34 are tabled jointly by a number of Senators while amendment No. 33 is a Government amendment. With regard to amendments Nos. 32 and 34, the proposed new section 11D(7) relates to the carrying out of a screening for appropriate assessment...

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Yes, all relevant plans are taken into consideration. Obviously, one cannot predict the future with regard to applications for infrastructure development or marine protection areas, but such applications have their own requirements for environmental studies, as appropriate. As I have said, due regard must also be had to other plans under this Bill.

Seanad: Planning and Development (Amendment) (No. 3) Bill 2021: Committee and Remaining Stages (28 Jun 2021)

Peter Burke: Unfortunately, we oppose amendment No. 35, tabled jointly by Senators Warfield, Boylan, Gavan and Ó Donnghaile, and amendment No. 36, tabled by Senator Higgins. Amendment No. 35 appears to require that an existing development plan, as extended, should be subject to appropriate assessment. In preparing a development plan under the current provisions set out in the 2000 Act, the planning...