Results 2,901-2,920 of 7,983 for speaker:Peter Burke

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I agree with the Deputy's amendment, which is covered conclusively by amendment No. 221. With the Deputy's agreement, I would be grateful if she withdrew it, given the explanation provided in amendment No. 221.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I agree with the terms of the Deputy's engagement. I discussed in detail the automatic termination, under which we have put the State in the best possible position to respond to any deviation or change in infrastructure that has received the maximum permission. I am confident in that regard. Second, An Bord Pleanála can attach conditions to the planning application. As we have seen...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: It depends whether-----

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: It depends on what definition they meet. If a survey requires a licence and if it requires an environmental impact assessment, EIA, it would go straight to the planning process through the board; if it does not, it would be part of a licence under the separate structure we discussed in the planning Act.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: It depends on what the survey is. Surveys require a licence. There are triggers provided for in terms of whether it falls under MARA, in terms of the licensing process or whether it has go to the board if it constitutes development. I cannot give the Deputy an example of each as there are different types of surveys. It will depend on the type of survey and what environmental mechanisms it...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: As seismic surveys would have to undergo an EIA, those applications would end up being dealt with by the board.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Yes, potentially. They would have to be screened first. There are many different seismic surveys. I cannot say exactly what is the process for each of them. I cannot give the Deputy a carte blancheanswer that would cover every single one. I am outlining clearly the process through which the application would have to go. The surveys would have to be screened. If they require an EIA, the...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 218: In page 140, to delete lines 38 and 39, and in page 141, to delete lines 1 and 2 and substitute the following: “(c) is the lessee under a lease— (i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and (ii) that...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 219: In page 141, to delete lines 11 to 13.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 220: In page 141, to delete lines 30 to 33 and substitute the following: “(c) is the lessee under a lease— (i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and (ii) that contains a covenant, condition or agreement,...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 221: In page 142, line 35, after “subsection (4)” to insert “or (5)”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 222: In page 144, between lines 13 and 14, to insert the following: “(4) Paragraph (a) of subsection (2) of section 34 shall not apply in relation to a maritime application.”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 223: In page 144, line 14, to delete “(4)” and substitute “(5)”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 225: In page 145, to delete lines 37 and 38 and substitute the following: “285. (1) Subject to subsection (2), this Chapter applies to— (a) development situated— (i) wholly in the outer maritime area, (ii) partly in the outer maritime area and partly in— (I) the nearshore area of a coastal planning authority, or (II) the nearshore...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I can read the technical response. It might assist the Deputy. Amendment No. 229 provides that any applicant for a maritime area consent may enter into pre-application discussions with the board. This would run contrary to the policy intention of the sequential MAC planning process whereby the MAC is the gateway to planning. There are a number of possible negative outcomes that could...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: Amendment No. 231 seeks to introduce further clarification on what the board can set out in respect of the content of an application made to it. The wording of section 287(2)(b), as it exists, is sufficiently broad to allow the board to specify any type of documentation to be submitted with an application, in addition to what might be prescribed by regulation. Moreover, the specific forms...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: The purpose of amendment No. 232 is to confirm that the board may provide its opinion based on consideration of some or all of the matters it is likely to take into consideration relating to what is listed at section 287(2)(f). In effect, at pre-planning the board can relate to the applicant what it is likely to look at during the consideration of an application proper. The formulation in...

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 226: In page 146, line 13, to delete “land,” and substitute “land”.

Select Committee on Housing, Planning and Local Government: Maritime Area Planning Bill 2021: Committee Stage (Resumed) (10 Nov 2021)

Peter Burke: I move amendment No. 227: In page 146, between lines 16 and 17, to insert the following: “(2) This Chapter does not apply to development - (a) in accordance with a permission (whether or not granted before the repeal of Part XV) that, immediately before the repeal of Part XV, was required in accordance with section 225, or (b)consisting of - (i) the erection of a building,...