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Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: To clarify, it provides that land reclamation or reclamation of estuarine marsh or of callows would no longer be exempt.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: I can empathise with the concerns of Deputy Tuffy. With regard to the Smith v. Meath County Council, the issue was the regional planning guidelines and the county development plan. To my recollection it did not involve the co-ordination between adjoining development plans. I made a similar mistake this morning in discussion with officials on the use of these words and phrases. This...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: We have discussed it. I reiterate my belief that local democracy is enshrined in law and that only the big picture, strategic issues, is addressed in national and regional policy. Local decisions will continue to be made by local people. The Bill strikes a better balance between national, regional and local interests. There is greater emphasis within the Bill on energy security, climate...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: That is what the Minister is trying to do.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: I am conscious that Deputy Hogan's telephone was ringing. If he wants to take it, I would hate to stand in the way of an important call.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: Amendment No. 1 proposes that the Minister for the Environment, Heritage and Local Government reports to the Dáil on any European court cases or directives that would affect Irish planning law. Such an amendment, however, is not suitable for primary legislation. Deputies interested in the outcome of such cases, or any EU directives affecting Irish planning legislation, may use the...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: The point is well made. Ideally, I would like to see all of this information on the Department's website as it arises but we should not use primary legislation to achieve that.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: We can certainly consider it. The more information we get into the public domain as early as possible the better it is for all parties. I will certainly consider it, and perhaps in the absence of regulation a regular update might be no harm. It is certainly something we do internally.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: I move amendment No. 2: In page 6, line 8, to delete "or where appropriate" and substitute "or, where appropriate,". These are technical drafting amendments. Amendment No. 2 is a technical amendment, amendment No. 25 is consequential and proposes to substitute "the case of a plan" for "the case of a development plan or variation of a development plan" in order to be consistent with the same...

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: They are grouped in so far as they relate to particular sections. Amendment No. 123 is a technical amendment to substitute the plural word "paragraphs" where that word first occurs given the references to more than one paragraph being inserted. They will make technical drafting corrections. I understand they do not affect the thrust or detail of the Bill other than to technically correct it.

Planning and Development (Amendment) Bill [Seanad] 2009: Report and Final Stages (1 Jul 2010)

Ciarán Cuffe: Amendment No. 3 proposes the deletion of the definition of the "core strategy" and all references thereafter. However, the evidence-based core strategy is a cornerstone of the Bill as it ensures a sound development plan, which is the key to ensuring good planning at local level, and it is a central plank to zoning reform. Decisions taken at the development plan stage affect all other...

Written Answers — Planning Issues: Planning Issues (30 Jun 2010)

Ciarán Cuffe: My Department received a Letter of Formal Notice dated 27 June 2007 from the European Commission under Article 226 of the Treaty, seeking the observations of the Government on whether the "local needs" criteria contained in a number of County Development Plans for the granting of planning permission for one-off dwellings in rural areas are compatible with Articles 43 and 56 of the EC Treaty,...

Written Answers — Planning Issues: Planning Issues (29 Jun 2010)

Ciarán Cuffe: There are no provisions in the Planning and Development Act 2000, as amended, or in the Retail Planning Guidelines (2005) regarding the issue in question. I have no function in the matter.

Written Answers — Planning Issues: Planning Issues (29 Jun 2010)

Ciarán Cuffe: The draft Guidelines for Planning Authorities on Spatial Planning and National Roads, which were published for public consultation yesterday, are aimed at ensuring that roads planning and policy, and development planning and management processes are appropriately and effectively aligned, in order to guide development to the most suitable locations to maximise the investment in the national...

Written Answers — Planning Issues: Planning Issues (29 Jun 2010)

Ciarán Cuffe: Section 42 of the Planning and Development Act 2000 provides that, on application, the duration of a planning permission (normally 5 years) shall be extended, subject to certain requirements being complied with, including that substantial works have been carried out before the expiration of the original permission. Section 23 of the Planning and Development (Amendment) Bill 2009 amends...

Written Answers — Planning Issues: Planning Issues (29 Jun 2010)

Ciarán Cuffe: I propose to take Question Nos. 515 and 516 together. The Minister for the Environment, Heritage and Local Government is generally precluded under section 30 of the Planning and Development Act 2000, as amended, from exercising any power or control in relation to any individual matter with which a planning authority or An Bord Pleanála is or may be concerned. Under the Planning Acts, the...

Written Answers — Planning Issues: Planning Issues (24 Jun 2010)

Ciarán Cuffe: Developers and owners of sites are required to ensure that their sites are left in a safe and secure condition. Local authorities are prioritising action to ensure that these obligations are discharged and that sites within their areas are properly secured from public access and, where necessary, are made structurally sound. In this regard, existing legislation such as the Derelict Sites Act...

Written Answers — Cycle Facilities: Cycle Facilities (23 Jun 2010)

Ciarán Cuffe: The production of the cycle manual and comments in relation to a draft published for public consultation is a matter for the National Transport Authority.

Written Answers — Planning Issues: Planning Issues (16 Jun 2010)

Ciarán Cuffe: As indicated in the reply to Question No. 51 of 27 May 2010, the Government intends to introduce a range of controls on the availability of psychotropic products which are sold in so-called head shops, and is bringing forward specific legislation in this regard. In support of these broad-ranging initiatives, my Department will keep under review the role the planning system might play in...

Confidence in the Taoiseach and the Government: Motion (15 Jun 2010)

Ciarán Cuffe: Tough decisions have been made by Governments in the past few years. It was a tough decision for the Green Party to enter Government and it has been tough to stay in government during the perfect storm. I know, from my own experience of stormy weather, that hindsight is a luxury one does not possess when one is at sea and the barometer falls. One needs a captain who can make the right, not...

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