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

Michael Finneran: An Bord Pleanála has a crucial role in providing an independent appeal mechanism for planning cases and in processing strategic infrastructure and other cases. Delivering on a high number of cases in recent years while incorporating all elements of environmental assessment and public participation has been challenging for the board. I propose to assist the board in achieving efficiencies...

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

Michael Finneran: The amendment aims to improve the throughput of An Bord Pleanála and secure a higher compliance rate with the statutory objectives for appeals at no additional staff costs. It is estimated that over 60% of the current caseloads will be affected by this proposal, offering a significant potential for improved performance. It will also allow more board time to be allocated to complex and...

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

Michael Finneran: Senator Callely has put his finger on it. This is a facilitation mechanism to move matters on. The chairman will refer files to a board meeting with a two-member quorum, at which stage it will have various reports. It is unlikely that the chairman will refer a contentious file or matter. It is disheartening for some people that because there must be a three-member quorum, their cases will...

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

Michael Finneran: I am aware that Senator Ryan raised this matter on Second Stage. The amendment proposes a new section providing that a planning authority should put in place procedures to ensure that a consistent approach is taken to planning enforcement throughout its functional area. The Planning and Development Act already imposes clear statutory obligations on planning authorities relating to...

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

Michael Finneran: I have stated my position. I will reconsider the matter and revert to the House on Report Stage. I will not give a cast iron agreement and I will not accept the amendment, but I am prepared to examine whether anything can be done in this regard.

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

Michael Finneran: Section 156(8) deals with the penalties in connection with unauthorised developments and provides that, where a person has been convicted of an offence under section 154, which is an offence of not complying with an enforcement notice, the court may, in addition to imposing a specific penalty, order the person to take steps notified in the enforcement order. However, the reference throughout...

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

Michael Finneran: Section 180 of the principal Act provides that a residential housing estate would be taken in charge by the planning authority in certain circumstances on foot of a request from the majority of the owners or occupiers. The LRC's report on multi-unit developments recommended that only owners of units should have the right to determine whether the estate is taken in charge. This amendment...

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

Michael Finneran: At present those costs are by subvention to the board. As I stated already when we dealt with this matter earlier, these costs can be offset against the planning application fees at a later stage. The determination of those are regular costs, and whether it is an environmental assessment, the pay of a consultant or whatever, the important aspect is that the board can charge these. The...

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

Michael Finneran: Amendment No. 61 provides for an amendment to the right to compensation provided under Part XII, Chapter II of the principal Act, namely section 191, restriction of compensation. It is proposed to restrict compensation for the preparing, making, amending or revoking of a local area plan. This is a consequential amendment to restrict or rule out compensation on foot of a zoning decision in a...

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

Michael Finneran: Where European, national or local nature sites are threatened, local authorities need to have the ability to intervene where appropriate to manage or restore the site or to provide for its management or restoration. This corresponds with the biodiversity responsibilities of local authorities. Where European or national sites or protected species are involved, it would be expected that there...

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

Michael Finneran: One of the serious issues that needs to be addressed in the Planning Acts is Ireland's failure to meet the requirements of the habitats directive. In recent years, this has been the subject of two substantial judgments against Ireland by the European Court of Justice. The State is now obliged to address these judgments which found, inter alia, that Ireland had failed to transpose the Birds...

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

Michael Finneran: Amendment No. 63 provides for the holiday time period as it already applies to the development management process timeframe to be applicable to the development planning process timeframes.

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

Michael Finneran: Section 253 of the Act already gives an authorised person power to enter a premises in relation to the enforcement of planning control. For the avoidance of any doubt, a reference to land is also being added, that is, the power to "enter a premises or on land" is now being specified in the section. Each reference to a premises in which the section is being replaced by a reference to "a...

Seanad: World Population Report (25 Nov 2009)

Michael Finneran: I thank the Senator for raising this matter and affording me the opportunity to address an issue of central importance to the objectives of Ireland's international development co-operation and aid programme. I am responding on behalf of the Minister of State, Deputy Peter Power, to whom I will pass on the compliment paid to him by the Senator. Last Wednesday, the Minister of State, Deputy...

Seanad: Third Level Charges (25 Nov 2009)

Michael Finneran: I am taking this Adjournment matter on behalf of my colleague, Deputy Batt O'Keeffe, who is unavoidably absent and is not in a position to attend tonight. I thank Senator Mullen for raising this matter. As the Senator will be aware the student services charge is levied by third level institutions to defray the cost of examinations, registration and students services. Those services may...

Seanad: Third Level Charges (25 Nov 2009)

Michael Finneran: If Senator Mullen wishes he can either give the document to me or I will arrange for it to be given to the Minister, Deputy Batt O'Keeffe.

Seanad: Social Welfare Benefits (25 Nov 2009)

Michael Finneran: Bhí an cheist i mBéarla agus mar sin, tabharfaidh mé freagra i mBéarla. I thank the Senator for raising this matter which I am taking on behalf of my colleague, the Minister for Social and Family Affairs, Deputy Hanafin. Promoting social inclusion, protecting the most vulnerable and recognising the contribution older people have made to the country have always been major priorities for...

Seanad: Social Welfare Benefits (25 Nov 2009)

Michael Finneran: The Government is borrowing €400 million per week to run the country. It receives €34 billion in taxes and more than €21 billion of that is spent on social welfare. The Government must look to the country. It is not easy at any time to reduce payments to anyone but in the long-term the country must get its public finances correct. That applies to long-term recipients of social welfare.

Written Answers — Flood Relief: Flood Relief (26 Nov 2009)

Michael Finneran: My Department will shortly ask the local authorities for reports on the consequences of the flooding and an assessment of the remedial works required. The reports, when received, will form part of the consideration of funding allocations for 2010. I will circulate these reports to other Government Departments and Agencies for consideration and any action which may be needed to address the...

Written Answers — Housing Grants: Housing Grants (26 Nov 2009)

Michael Finneran: An application for funding under my Department's Capital Assistance Scheme for voluntary and co-operative housing was received from the organisation in question on the 20th November 2009. The application will be considered in the light of, inter alia, the estimates provision for new projects in 2010 and the relative priority afforded to the project by Wexford County Council.

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