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Written Answers — Department of Housing, Planning, and Local Government: Departmental Policies (5 Jul 2022)

Peter Burke: The Commissioner of Valuation is independent in the exercise of his functions under the Valuation Act 2001, as amended, and the making of valuations for ratings purposes is his sole responsibility. As Minister, I have no role or function in decisions in this regard. The Valuation Acts maintain the long-standing position that properties - including private schools and private childcare...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (5 Jul 2022)

Peter Burke: The zoning of land for particular uses, including housing, is an exercise undertaken as part of the overall statutory development plan function under sections 9-13 of the Planning and Development Act, 2000 (as amended). Under this legislation, the decision to zone land for development is a reserved function of the elected members of each planning authority. This includes the zoning of lands...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (5 Jul 2022)

Peter Burke: I propose to take Questions Nos. 243 and 248 together. The Planning and Development (Amendment) Act 2015 inserted the new section 28(1C) into the 2000 Act, and this provision was substituted by section 20(a) of the Planning and Development (Amendment) Act 2018. The objective of this amendment was to ensure that specific planning policy requirements (SPPRs) included in guidelines...

Remediation of Dwellings Damaged By the Use of Defective Concrete Blocks Bill 2022: Second Stage (30 Jun 2022)

Peter Burke: I thank all the Deputies for their contributions. I know Deputies are keenly aware of the scale of the crisis that confronts us. This scheme is the State stepping up to the mark in a voluntary capacity, in the form of a grant scheme, having accepted that there is a moral obligation on Government to put in place practical solutions for impacted homeowners. Government fully accepts that...

Written Answers — Department of Housing, Planning, and Local Government: Rental Sector (30 Jun 2022)

Peter Burke: Legislative reforms to regulate the short-term letting sector through the planning code, in areas designated as “rent pressure zones” (RPZs), were introduced under the Planning and Development Act 2000 (Exempted Development) (No. 2) Regulations 2019 which came into effect on 1 July 2019. The broader regulation of tourism activity, including the possible development of a new...

Written Answers — Department of Housing, Planning, and Local Government: Local Government Reform (30 Jun 2022)

Peter Burke: A key commitment in the Programme for Government – Our Shared Future, is to consider the Institute of Public Administration's (IPA) Review of Municipal Districts with a view to strengthening local democracy and identifying local needs and initiatives needed to strengthen and grow our communities, villages and towns in a sustainable manner. We have committed to ensuring a strong...

Written Answers — Department of Housing, Planning, and Local Government: Planning Issues (30 Jun 2022)

Peter Burke: Section 254 of the Planning and Development Act 2000 , as amended (the Act) provides for a licensing system for appliances and structures, placed on, above, under or along a public road, including footpaths.  The Act provides that a ‘public road’ has the same meaning as the Roads Act 1993, which defines it as “a road over which a public right of way exists and the...

Written Answers — Department of Agriculture, Food and the Marine: Turf Cutting (30 Jun 2022)

Peter Burke: 319. To ask the Minister for Agriculture, Food and the Marine if compensation is available to farmers who own turf banks but who do not use same. [35066/22]

Written Answers — Department of Housing, Planning, and Local Government: Wind Energy Guidelines (29 Jun 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...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I cannot accept the proposed amendment from Senators Higgins and Ruane to delete section 3(b). The amendment was previously proposed and rejected on Committee Stage as it would effectively allow a drafting inconsistency between section 34(12A), which would not reflect the amendments to section 34(12) of the principal Act. Section 3(b), which the Senators propose to delete, is a technical...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I thank Senator Black for her contribution. In accordance with groupings of amendments proposed in the Seanad, I will address Opposition amendments Nos. 4 and 8 together, as they both seek to amend section 5 of the Planning and Development Act (Amendment) (No. 2) Bill 2022 by requiring section 37L applications to have a related purpose to the substitute consent application development....

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I thought that the Acting Chairperson was going to let me off the hook. I thank Senator Black for these amendments, which all relate to the imposition of a monetary threshold on the scope of substitute consent by seeking to amend section 5 of the Bill. I oppose the amendments, which seek to apply a limit of €5.48 million to the upper commercial value of any future-facing development...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I thank the Senator for her contribution. This amendment seeks to oppose generally a transitional provision in subsection (5)(d), which seeks to amend section 37L(5) of the principal Act. Subsection (5)(d) comprises a transitional provision that will allow ongoing substitute consent applications that are before the board but have not been determined by it prior to the new provision's coming...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I thank the Senator for her contribution. Unfortunately, I cannot accept the proposed amendment, as section 177D is being repealed under section 21 of the Bill and the exceptional circumstance criteria under section 177D(2) are being moved wholesale to section 177K as the new subsection (1J), as inserted by section 16 of the Bill.

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I cannot accept this proposed amendment as section 177D is being repealed, as per section 21 of the Bill, and the exceptional circumstance criteria from section 177D(2) are being moved wholesale to section 177K, to a new subsection, section 177K(1J), as inserted by section 16 of this Bill. It is important to note that all of the text of the exceptional circumstance criteria previously...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: I will speak to amendment No. 13, as tabled, which seeks to amend the Bill by deleting the provision that repeals section 177B of the principal Act. I cannot accept the proposed amendment, as one of the key objectives of the Bill is that the current two-stage substitute consent process - which includes various alternate initial steps prior to applying for substitute consent, such as that...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: This amendment seeks to insert a provision that provides for the laying of a report by the Minister before both Houses following the introduction of these proposed legislative amendments. Specifically, amendment No. 14 seeks to impose a ministerial obligation to lay a report before both Houses of the Oireachtas within 18 months of the passing of this Act, outlining data on substitute consent...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: Amendment No. 15 seeks to insert a provision that provides for the laying of a report by the Minister before both Houses of the Oireachtas following the introduction of these proposed legislative amendments. Specifically, amendment No. 15 seeks to impose ministerial obligations to lay a report before both Houses of the Oireachtas within 18 months of the passing of this Bill outlining the...

Seanad: Planning and Development (Amendment) (No. 2) Bill 2022: Report and Final Stages (28 Jun 2022)

Peter Burke: Amendment No. 16 seeks to insert a provision that provides for the laying of a report by the Minister before both Houses. Specifically, amendment No. 16 seeks to impose a ministerial obligation to lay a report before both Houses within 18 months of the passing of the Act with the report having previously reviewed the Act, including having sought the views of city and county councillors and...

Written Answers — Department of Housing, Planning, and Local Government: Local Authorities (28 Jun 2022)

Peter Burke: Following the publication of the Independent Review of the Role and Remuneration of Local Authority Elected Members, led by Ms Sara Moorhead SC, I established a working group of local government stakeholders to examine the non-pay related recommendations of the Review and to draw up an Action Plan in that regard. This includes actions to examine the possibility of video conferencing...

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