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Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: It is hard to define a "substantial development". In some cases a house at roof level could be termed "substantial" while in others, it could be the site works. A clear definition would be better. I support Senator Coffey's amendment.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: I welcome the Minister of State's commitment to re-examine the Fine Gael amendments and come back to us on them on Report Stage. As regards the deletion of the word "substantial", the Minister of State will agree that the history of some developers, in terms of works carried out by them in other jurisdictions, must be taken into account. How does a local authority obtain this information?...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: I agree with Senator White. This has been a huge issue during the years. In my years as a member of a local authority and as a Member of this House, over 30 years, I could never see how councils could get the upper hand with regard to unfinished estates and developments. They have tried several means ranging from bonds to taking in charge of part of a site, but in the end they always ended...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: While I agree with Senator Alex White, the Minister of State could consider another matter. When one buys a house in an estate, one hands over money to a solicitor. Could a portion not be held back until the applicant is satisfied the estate is properly finished? Some €5,000 or €10,000 could be held back until footpaths, public lighting, green areas and roads are completed to the...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: True.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: Some bonds have been used for more than one estate irrespective of whether local authorities allowed it.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: It is amazing that every local authority, with the exception of the one mentioned by Senator Butler, is in the same boat.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: In my town, 20 estates are unfinished.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: No, by several developers. As Senator Alex White stated, the legislation is not strong enough. The Minister of State is clearly saying that local authorities have the power to take whatever actions are necessary to ensure a bond is taken from a developer, even a rogue one, thereby prompting him or her to complete the job.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: Safeguards.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: It might work.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: In support of Senator Coffey, the remit of An Bord Pleanála has changed completely in recent years. It has a much wider remit now than when it was established. The Bill proposes to confer more powers on it as regards the charges it can make. If we allow this it will, in some cases, put it outside the reach of the normal person who may object to a planning application. I hope the Minister...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: I agree with Senator Coffey on this issue. Perhaps what is proposed could be achieved on a phased basis. As Senator Coffey stated, we will extend planning permissions for a further five years and large parts of estates will be left unfinished. This will cause serious problems for residents' associations because they will not have the money to carry out works themselves. It will fall to...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: Some types of developments where work has not commenced are not environmentally friendly. For example, in some cases in Dublin developments have been built with hollow blocks with no insulation. Will new conditions be imposed on a developer responsible for such a development who applies for an extension of planning permission for five years to ensure he or she conforms to the new green...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: I welcome the Minister of State's decision to come back to the House with further amendments. I welcome also his comments on developments that have not taken place and where further improvements can be made to plans.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: May I speak on the section?

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: I wish to speak on this section which is a very important part of the Bill. We should have a land use policy but do not seem to have one across the various local authorities. Economies of scale are needed with regard to some of the issues proposed by the Minister of State, for example, infrastructure such as schools and so forth. Local authorities do not appear to have any real guidelines...

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: Amendment No. 59 in the name of Senator Coffey is ruled out of order, as it would impose a potential charge on revenue.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: Amendment No. 60 in the name of Senator Coffey is ruled out of order as it involves a potential charge on the Revenue.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (Resumed) (25 Nov 2009)

Paddy Burke: We will deal with the amendment. I will let Senator Coffey in on the section.

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