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

Michael Finneran: I will deal with amendments Nos. 32 and 33.

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

Michael Finneran: I have responded to amendments Nos. 30 and 31. Are amendments Nos. 32 and 33 being taken too?

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

Michael Finneran: In response to the question about the two thirds majority, I am prepared to discuss this with the Parliamentary Counsel to see if we can have a simple majority decision. I will return to the House on that matter.

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

Michael Finneran: The national spatial strategy is a Government strategy and is therefore the responsibility of the Government as part of overall Cabinet responsibilities. Therefore amendment No. 34 is not accepted.

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

Michael Finneran: I have outlined the position on collective Cabinet responsibility for the national spatial strategy. I am not in a position to accept amendment No. 34.

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

Michael Finneran: The proposed deletions refer to the core of section 12 which provides explicitly for the link between regional planning guidelines and the national spatial strategy which post-dated the passage of the Planning and Development Act 2000. An explicit requirement is, therefore, provided for regional planning guidelines to be prepared to support the implementation of the national spatial...

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

Michael Finneran: The amendment proposes to insert a reference to local area plans which are also to be consistent with any regional planning guidelines in force for the area.

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

Michael Finneran: In opposing section 14, Senator Coffey proposes to delete the proposed amendments to provide that the regional authority has a more explicit role in the draft development plan preparation process to ensure consistency between it and the regional planning guidelines, including informing the Minster of its views. This is clearly not acceptable for the reasons I have outlined, as the regional...

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

Michael Finneran: I cannot give a definite date, but I expect the draft regional development guidelines to be published in the first half of the new year, and perhaps earlier. There will be a public consultation process. The Senator referred to the Government, but I was referring to the national spatial strategy when I referred to the linchpin. In the planning process, it is practical to adhere to strategic...

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

Michael Finneran: The answer to the question whether the regional planning guidelines be modified is "Yes". They are draft regional planning guidelines. They go out for public consultation and they can be modified on foot of that. One of the key objectives in requiring development plans to include a core strategy is to ensure greater consistency between the national spatial strategy and the regional planning...

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

Michael Finneran: The sourcing and funding of regional authorities is agreed between local authorities, managers and directors. I am confident that level of funding will continue and that will continue to be the funding process. As regards the planning areas and what the Senator says will be new responsibilities, I am of the view that the planning sections of our local authorities have a reduced work load on...

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

Michael Finneran: In opposing section 16 Senator Coffey proposes to delete the proposed amendments to provide that the regional authority has a more explicit role in the draft variation process to a development plan to ensure consistency between it and the regional planning guidelines in force, including informing the Minister of its views. That is not acceptable as the regional authority planning guidelines...

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

Michael Finneran: In some way this debate is a bit unreal, in so far as it is currently the case that county development plans and variations to them are agreed by the Minister. What is involved is that the opinion of the regional authorities is to be taken into consideration in terms of whether those regional planning guidelines are in place. It must be remembered there are regional planning guidelines in...

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

Michael Finneran: The people who will make the decision are the members of the regional authority.

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

Michael Finneran: Amendment No. 38 is a technical amendment to clarify that the reference to the time period for the coming into effect of section 11(c) refers to the 2009 Act as distinct from the 2000 Act.

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

Michael Finneran: Amendment No. 39 seeks the deletion of the proposed new section 31(12). This would remove the selection criteria for the inspector to be appointed by the Minister to report to him or her on the draft direction. There must be overarching criteria that will determine whether a person is experienced and qualified to act as an inspector for the purpose of reporting to the Minister on planning...

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

Michael Finneran: These amendments are considered prudent and practical, given that the local manager and elected members should be consulted by the inspector on foot of their central statutory role, while leaving consultation with the regional authority and other persons who have made submissions at the inspector's discretion.

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

Michael Finneran: Senator Coffey's amendment has some merit in respect of transparency. It may not, however, be consistent with other statutory provisions for making official documents available to the public. While I do not propose to accept the amendments as part of the primary legislation I will consider addressing best practice in communicating with the public within any statutory guidance which may...

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

Michael Finneran: I did not say I would deal with this by an amendment. I will consider it in the context of best practice in communicating with the public. I will report back to the House and the Senator on that matter.

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

Michael Finneran: Section 18 amends section 31 of the principal Act where there was no consultative process in the Minister's power. This enhances the position because now there is a consultative process with stakeholders, including the council. I note the Senators' comments.

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