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Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (8 Nov 2022)

Peter Burke: Under section 30 of the Planning and Development Act 2000, as amended (the Act), I am specifically precluded from exercising any power or control in relation to any particular case with which a planning authority or An Bord Pleanála is or may be concerned. This includes the Section 254 licensing process. This question is asking for an interpretation of the Law which is a matter for...

Written Answers — Department of Housing, Planning, and Local Government: Legislative Process (8 Nov 2022)

Peter Burke: The General Scheme of the Local Government (Maternity Protection and Other Measures for Local Authority Elected Members) Bill 2022 was approved by Government on 27 July 2022 and is published herewith on the Government website: www.gov.ie/en/publication/4258f-general-scheme-of-local-gove rnment-maternity-protection-and-other-measures-for-local-aut hority-elected-members-bill-2022/. The Bill...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (8 Nov 2022)

Peter Burke: It is important to note the role of the Office of the Planning Regulator (OPR) in the overall plan making process. One core function of the OPR is the independent assessment of all local authority and regional assembly statutory plans, including county and city development plans, local area plans (LAPs) and regional spatial and economic strategies (RSESs). The OPR provides observations during...

Written Answers — Department of Housing, Planning, and Local Government: Local Authorities (8 Nov 2022)

Peter Burke: The Residential Zoned Land Tax (RZLT) is a new tax that was introduced in Finance Act 2021. It applies to land that is both zoned as suitable for residential development and is serviced. The RZLT is an annual tax, which will be first due in 2024 in respect of land which met the relevant criteria on or before 1 January 2022 and which is reflected on the map to be published by local...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (8 Nov 2022)

Peter Burke: Article 156 of the Planning and Development Regulations 2001, as amended (the Regulations), states that a fee shall be paid to a planning authority by an applicant when making a planning application. Class 1 of Part 12 of Schedule 9 to the Regulations sets the amount of the fee payable in respect of a planning application for the provision of a house at €65. Class 12 of Part 12 of...

Written Answers — Department of Housing, Planning, and Local Government: Energy Policy (8 Nov 2022)

Peter Burke: My Department is currently undertaking a focused review of the 2006 Wind Energy Development Guidelines. The review is addressing a number of key aspects including noise, setback distance, shadow flicker, community obligation, community dividend and grid connections. Guidance on the noise aspect is currently being finalised by my Department in conjunction with the Department of...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (8 Nov 2022)

Peter Burke: The breakdown of funding to assist the planning authorities in mapping land in scope for the tax was agreed in conjunction with the County and City Management Association and the Local Government Management Agency. The allocation of funding to assist in the process of mapping land considered to be in scope for the purpose of the Residential Zoned Land Tax was issued to all 31 local...

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Appeals (8 Nov 2022)

Peter Burke: 669. To ask the Minister for Employment Affairs and Social Protection her views on an appeal by a person (details supplied). [54906/22]

Written Answers — Department of Employment Affairs and Social Protection: Social Welfare Benefits (8 Nov 2022)

Peter Burke: 730. To ask the Minister for Employment Affairs and Social Protection if she will examine the payment of illness benefit to a person (details supplied); and if she will consider same for double payments. [55552/22]

Written Answers — Department of Housing, Planning, and Local Government: Legislative Reviews (9 Nov 2022)

Peter Burke: The Review and Consolidation of the Planning & Development Act 2000, is progressing in line with timeline set out by the Office of the Attorney General, who is leading on the project and it is expected that the draft Bill will be brought to Government before the end of the year. Intensive engagement between the working group, the Department and other stakeholders with regard to the...

Written Answers — Department of Housing, Planning, and Local Government: Public Appointments Service (9 Nov 2022)

Peter Burke: My Department advised the Public Appointments Service (PAS) of the requirement to hold a recruitment competition for a replacement permanent Chief Executive in Galway County Council.  It is a matter for PAS to put the necessary recruitment arrangements in place and in this regard I understand that the post was recently advertised by PAS on www.publicjobs.ie.

Written Answers — Department of Housing, Planning, and Local Government: Foreshore Issues (10 Nov 2022)

Peter Burke: My Department is aware of on-going issues at the  location referred to. These matters were first brought to our attention in April 2014 on foot of a Circuit Court Litigation between private parties. My Department is not a party to the litigation and is endeavouring to establish the current position.   Legal Advice has been sought in relation to the in filling of foreshore...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (10 Nov 2022)

Peter Burke: I launched the second joint National Housing Strategy for Disabled People (NHSDP) 2022-2027, on 14 January 2022 together with Minister O’Brien and Ms. Anne Rabbitte, T.D., Minister of State with responsibility for Disability.The new Strategy sets out the vision for the cooperation and collaboration of Government Departments, state agencies and others in delivering housing and the...

Written Answers — Department of Housing, Planning, and Local Government: Housing Policy (10 Nov 2022)

Peter Burke: Under the Planning and Development Act, 2000, as amended (the Act), all development, unless specifically exempted under the Act or associated Regulations, requires planning permission. In some cases, when the initial planning permission for a holiday home is sought, planning authorities have additionally specified by way of planning condition (such as an occupancy clause) that such...

Retained Firefighters: Motion [Private Members] (15 Nov 2022)

Peter Burke: I would like to welcome all the men and women from our retained firefighters who are here this evening. I thank them for taking time to attend. I also acknowledge those who cannot be here as it is important that we do that. I want to acknowledge and be clear that this is a genuine case that has been put before this House this evening, as indeed is what has been articulated over the past a...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (16 Nov 2022)

Peter Burke: I thank Senator Boyhan for his remarks. The power to reduce the threshold where it is deemed necessary by the Environmental Protection Agency, EPA, on environmental grounds is a key environmental protection included in the Bill, and a key factor in establishing a risk-based registration and licensing regime. Removing reference to the threshold as potentially altered by ministerial order...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (16 Nov 2022)

Peter Burke: I thank both Senators for their observations. The Department’s position on the registration threshold is the same as that proposed for the licensing threshold. The suggested amendment would remove the reference to the power of the Minister to reduce the threshold by ministerial order under section 16. This reduces the State’s ability to ensure ongoing protection of the...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (16 Nov 2022)

Peter Burke: This amendment is to clarify the purpose of the subsection. The amendment has been drafted to make it clear that the Bill will avoid unnecessary duplication of notices where there are two or more occupiers of the land and to prevent an abstractor from avoiding regulation of their abstraction.

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (16 Nov 2022)

Peter Burke: This section relates to the making of regulations to address abstractions that do not require a licence or are in the process of applying to the EPA for a licence. The policy behind the development of this Bill is a risk-based approach to controlling abstractions and ensuring Ireland meets its obligations under the water framework directive. Requirements relating to appropriate assessment...

Seanad: Water Environment (Abstractions and Associated Impoundments) Bill 2022: Committee Stage (16 Nov 2022)

Peter Burke: Section 8 states the Minister shall conduct a review of regulations for the purpose of achieving environmental objectives. The Minister is given powers in this regard. On the risk-based approach and risk mitigation at watercourses, the EPA is the licensing authority and has powers to bring environmental considerations to bear. Statutory agencies have a role in respect of obligations.

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