Results 3,081-3,100 of 8,181 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 move amendment No. 211: In page 124, to delete lines 1 to 6 and substitute the following: “(c) development permission is required for the maritime usage the subject of the application and the application for such permission has been refused in circumstances where no further step can be taken by the holder, or a court, in respect of that application.”. Section 139(c)...

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

Peter Burke: Amendment No. 212 seeks to remove section 139(1)(c) completely and amendment No. 215 seeks to insert an additional clause in section 139 to the effect that the MARA may suspend automatic termination to facilitate the new application. These proposals have been somewhat superseded by amendments Nos. 211 and 214. I have to oppose both amendments on foot of this. The provisions are required to...

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

Peter Burke: Amendment, by leave, withdrawn.

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. 214: In page 124, line 20, to delete “subsection (1)(c)(ii)” and substitute “subsection (1)(c)”.

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

Peter Burke: Amendment No. 216 seeks to replace provisions relating to receivership or examinership. If I understand correctly, the intention behind this amendment, as was the case with amendments Nos. 210 and 213, is to facilitate continuity of activities, for example the continued operation of a ferry port, while the financial considerations are ongoing. I can appreciate why these measures appear...

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

Peter Burke: Absolutely. The Taoiseach made a strong, robust statement on this when we were launching the national marine planning framework, stating that as we go through the negotiating process, the MARA will have the necessary resources. We are aware of the challenge. It will have to be well-resourced. The Government will ensure that.

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

Peter Burke: I cannot pre-empt how a court case would work. The MARA would have to robustly defend the sanctions that it would have imposed should a holder take a case against it. It is up to the holder to conclusively prove it to the court. It is an independent process. The judge would adjudicate on it. It would be up to the holder to prove its case in court. I cannot say whether a court would...

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

Peter Burke: Yes. They would give evidence to the maritime area regulatory authority, MARA, as part of its investigation in the first instance. If it has a report or there is an issue where there has been a breach, MARA would have the capacity to investigate. Obviously, it would play a key part in that investigation. On the second part, if it goes before the court on foot of MARA making a...

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

Peter Burke: I hear what the Deputy is saying. In the first instance, MARA is the competent authority and it would have carried out the investigation. It is the one that will be in the dock, so to speak, to defend its decision and it will have to mount a defence. I cannot pre-empt in terms of a particular future court case who or who may not be required to give evidence as part of that process. It is...

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

Peter Burke: It is fairly well conclusively set out on pages 130 to 132, inclusive, of the Bill exactly what is contained within that section to save me from reading it all out in terms of what is in it. It is plain for everyone to see what is in it in terms of protections. That is all we are proposing at this stage.

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

Peter Burke: MARA will determine that. It will exercise its professional judgment on that in keeping with the legislation. It is like asking me how long is a piece of string.

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

Peter Burke: I am telling the Deputy what will happen. I am telling the Deputy that MARA will exercise its professional judgment in determining that.

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

Peter Burke: It is standard wording, I am advised, in the Legislature.

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

Peter Burke: It is stated clearly in the Bill and in sections 148(5)(a)(i)(I) and (II): (I) knowing it to be false, misleading, frivolous or vexatious, or (II) reckless as to whether it was false, .... . Essentially, it is up to MARA to use its judgment in interpreting that.

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

Peter Burke: Can I deal with amendment No. 227 as well, as part of amendment No. 217 as they do the same thing?

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. 217: In page 140, to delete lines 12 to 19 and substitute the following: "280. (1) Subject to subsection (2), this Chapter applies to development situated— (a) wholly in the nearshore area of a coastal planning authority, or (b) partly in the nearshore area of a coastal planning authority and partly on land. (2) This Chapter does not apply to...

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

Peter Burke: My apologies. The purpose of amendment No. 219 is to remove the existing disapplication at section 281(4) for development to which Part XI applies, as an exemption for coastal planning authorities is already provided for in section 4 of the Planning and Development Act, as amended in this Bill. The initiated text inadvertently doubled up on this exemption. In order to avoid a deviation in...

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...