Results 1,561-1,580 of 2,386 for speaker:Michael Finneran

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

Michael Finneran: I am of the opinion that it would not be possible to have the powers adopted retrospectively but I will seek clarification on it for the Senator.

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

Michael Finneran: Amendment No. 45 proposes to provide for material contraventions of local area plans and the overall consistency of approach to development plans and local area plans. It also proposes to obligate the manager to prepare a report for the planning authority advising it of his or her opinion regarding compliance, or otherwise, of the proposed development with any relevant ministerial guidelines...

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

Michael Finneran: Section 20 amends section 35 of the Planning and Development Act 2000 which deals with the grounds on which planning permission can be refused on the basis of past performance of a developer. Amendment No. 47 concerns the insertion of the word "connected". The current provision allows for a planning authority, when deciding whether it is appropriate that permission should be refused on the...

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

Michael Finneran: The existing ground for refusal is that the applicant has substantially failed to comply with a previous permission. The Bill proposes to add two further grounds for refusal of permission, that the developer has carried out a substantial unauthorised development or has been convicted of an offence under the planning Acts. The amendment proposes to insert a further ground for refusal, that...

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

Michael Finneran: The existing ground for refusal is that the applicant has substantially failed to comply with a previous permission. There is the opportunity for a person to go to the High Court about the matter. The Deputy is aware that happens, although not on a regular basis. The Bill provides for two further grounds, that the developer has carried out a substantial unauthorised development or has been...

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

Michael Finneran: I agree with Senators but I do not agree with the method of their proposal. The current legislation addresses their issue exactly. The difficulty used to lie with the guidelines not being up to date, but we updated them in respect of the local authority system in June 2007. We made development management guidelines available. We also updated them in February 2008. The guidelines state...

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

Michael Finneran: There is a roll-over bond situation, but guidelines were issued in 2007 and updated in 2008 to address the specific issue under discussion. As Senator Butler stated, it is a matter for the local authority to ensure the bond it signs covers what it wants to get done. It is not a question of further legislation. Rather, authorities must implement the law and draw up their bonds in line with...

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

Michael Finneran: In line with the development management guidelines issued in June 2007 and updated in February 2008, there was also a request sent to local authorities that they submit to the Department all estates taken in charge and all of the requests for estates to be taken in charge and the reasons they have not been taken in charge. The findings of that will be issued shortly and that will enlighten...

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

Michael Finneran: Senator Alex White stated there are four circumstances where planning can be refused and he wants a fifth. The fifth one is included in section 35 of the principal Act, and it is clear. The existing grounds for refusal are the applicant has substantially failed to comply with a previous permission. That is the fifth one. How it is implemented by the local authority is what the development...

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

Michael Finneran: Section 21 amends section 37H(2)(c) of the principal Act by providing for the extension of cost recovery to pre-application consultations and scoping requests related to environmental impact assessment for strategic infrastructure development cases under the Seventh Schedule of the principal Act in addition to cost recovery for cases that proceed to full application and determination by An...

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

Michael Finneran: What has been stated is outside what we are discussing here. Section 30 prohibits me from making any comment on any cases that have been mentioned by the Senator. Therefore I cannot comment and it would not be appropriate for me to do so.

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

Michael Finneran: Individual cases.

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

Michael Finneran: Existing legislation covers planning permission where substantial work has been carried out on developments. If one has substantially completed works, one is entitled to an extension of planning permission to continue the development. The provision in question is an attempt to address cases where work has not commenced. Section 23 seeks to amend section 42 of the principal Act to permit an...

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

Michael Finneran: Senator Daly raised the matter of planning permission that has expired. I am not in a position to give any comfort on that matter. The grounds for extension of a planning permission are for commercial, economic or technical reasons. I intend to table further amendments on Report Stage to deal with issues such as that raised by Senator Burke. He is aware that since I took over...

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

Michael Finneran: The phrase "commercial, economic or technical" may refer to what the Senator said. It may be a situation where someone is extending their hotel, the financial arrangement with their bank was withdrawn 12 months ago but might be reinstated in six or 12 months' time. I presume that is one situation that might arise and there may be others. I said in reply to Senator Coffey that amendments...

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

Michael Finneran: We have existing legislation for properties on which substantial works have been done, in respect of which the period is two years. There is an extension in that regard, so to speak, to five years. These are properties which have planning permission.

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

Michael Finneran: Mention has been made of properties for which permission has run out. I have addressed that matter. I am talking about properties which have live planning permission.

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

Michael Finneran: Senator Quinn made a good contribution on Second Stage and has discussed the matter with me since then and I understand where he is coming from. I accept the intention behind the amendment but I will not accept it because I do not think it is necessary. Section 48 of the Planning and Development Act 2000 currently provides for the development contribution system to be drawn up by each...

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

Michael Finneran: We are very much at one on this issue. Senator Quinn rightly referred to the relationship between planning policy and promoting healthy lifestyles. Under existing planning legislation, planning authorities' development plans must include objectives for the integration of the planning and sustainable development of an area, with social, community and cultural requirements for the age of...

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

Michael Finneran: First, aside from the legislation under discussion, one of my delegated responsibilities in my Department is for developing areas. As for timescales, the existing law is that a council brings forward development charges and a set of schemes. It must report within five years and bring a further set of schemes at that time. Consequently, there is a timescale, although whether it is...