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

Paudie Coffey: I move amendment No. 34: In page 17, between lines 3 and 4, to insert the following: "(a) The National Spatial Strategy shall be approved by the Houses of the Oireachtas.". This amendment returns to the argument about the formulation of the national spatial strategy and the effect it has on all county and city development plans and regional and local area plans. It is an attempt to endorse...

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

Paudie Coffey: I am disappointed by the Minister of State's very short response to a significant and fundamental issue. The Bill, which contains a great deal of detail, with much of which we agree, goes back to the national spatial strategy. I understand that the Government must have policies in place for its direction but the Government of the day holds the democratic majority in the Oireachtas. It does...

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

Paudie Coffey: I move amendment No. 35: In page 17, paragraph (a), to delete lines 4 to 10. These amendments depended on acceptance of amendment No. 34. They are aimed at ensuring the national spatial strategy and regional population targets would be further endorsed by the Oireachtas.

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

Paudie Coffey: I move amendment No. 36: In page 17, paragraph (b), to delete lines 12 to 17. Question, "That the words proposed to be deleted stand," put and declared carried.

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

Paudie Coffey: There must be clear information on how the regional authorities will draft the planning guidelines. The Minister of State said there would be consultation with the various local authorities. My concern is that regional authorities do not have dedicated planning departments. Usually, a member of a planning authority is seconded to the regional authority to co-ordinate the guidelines....

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

Paudie Coffey: I welcome the Minister of State's assurance that there will be public consultation on the preparation of the regional planning guidelines as it will be essential. As Senator Burke alluded, however, the engagement with the public when the guidelines are being consulted on will be interesting. I doubt that many citizens know who it is that sits on regional authorities and formulates plans...

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

Paudie Coffey: I wish to raise one matter I omitted to mention earlier and I hope the Minister of State will take account of it. It concerns the resourcing of regional authorities with their new obligations under this Bill. I spoke earlier about the professional resources, directorates and staff of regional authorities. As a result of the significant authority they will now be given, what measures will...

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

Paudie Coffey: Section 16 deals with the role of regional authorities in variations of development plans. Reference is made in section 16 to section 27C(1), which states: "Where a regional authority receives a notice from a planning authority under section 13(1)". I presume that refers to a proposal to vary a development plan. Section 27C(3) states: "Where the opinion of the regional authority stated in...

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

Paudie Coffey: The Minister of State appears to be indicating that the Minister will have the final say on what can be varied in a development plan according to regional planning guidelines. Perhaps he will clarify that. It is not clear in the Bill who will have the final say. If there is to be a variation in a county development plan, it is either proposed by the executive or the manager and then the...

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

Paudie Coffey: We are dictating planning policy from a regional point of view. I do not like to repeat myself but that is the way it is. We are dictating policy from the top down. This will have serious implications for local communities and how towns and villages develop. We need to know who makes the decision if a variation proposed by a local authority to the regional authority that has been proposed...

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

Paudie Coffey: As I already have spoken on this subject in some detail, I will not continue at length. Fine Gael had concerns regarding variations in county development plans. I refer to the scenario whereby a regional authority receives notice of such variations which, in the opinion of the regional authority, are not consistent with the regional planning guidelines. I seek clarity from the Minister of...

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

Paudie Coffey: I move amendment No. 39: In page 23, to delete lines 5 to 9. This amendment pertains to the proposed new section 31(12), which states: The inspector appointed under subsection (11)(b) shall be a person who, in the opinion of the Minister, has satisfactory experience and competence to perform the functions required of him or her pursuant to this section and shall be independent in the...

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

Paudie Coffey: I move amendment No. 42: In page 24, line 12, after "public" to insert "within 7 days of receiving such direction". We seek a clear definition of the timeframe for inspections by members of the public. We do not want to leave this open-ended but want clarity on the progress of any directions issued under this legislation. The new section 31(19) provides that the "planning authority shall...

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

Paudie Coffey: I am happy to hear the Minister of State say he will consider this aspect of the Bill. We bring it to his attention because there is a clearer definition of the timeframe required. We will be happy to withdraw our amendment and reserve the right to resubmit it on Report Stage. The Minister of State has said he will take on board what we have said and hopefully he will address it with an...

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

Paudie Coffey: This section refers to the powers of the Minister to issue a direction under section 31 of the principal Act to local area plans. It prescribes a new consultative procedure whereby the Minister can issue a proposed direction and seek views from local stakeholders. I was a member of the Oireachtas Joint Committee on the Environment, Heritage and Local Government that heard delegations from...

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

Paudie Coffey: I move amendment No. 47: In page 24, line 38, after "other" to insert "connected". These technical amendments seek to bring clarity to section 20 which amends section 35 of the principal Act. A provision that will be inserted in the section states, "any information available to the planning authority concerning development carried out by a person to whom this section applies pursuant to a...

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

Paudie Coffey: I welcome the fact that the Minister of State is open to further examining the Fine Gael amendments which seek to bring clarity to the legislation. I accept that he must take further legal advice on the amendments. On that basis I am prepared to withdraw them while reserving the right to resubmit them on Report Stage. I am disappointed that the Minister of State has not agreed to reconsider...

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

Paudie Coffey: I spoke on my amendments about the technical language used. With regard to unauthorised development and the refusal of permission for future developments, this is the one power local authorities should have in recouping costs in respect of unfinished estates. Some Senators mentioned bonds that form part of the conditions in planning permissions. However, they relate to the completion of...

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

Paudie Coffey: Agreed.

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

Paudie Coffey: Is Senator Butler proposing that model for the rest of the country?

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