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Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 8: In page 21, to delete lines 16 to 45 and in page 22, to delete lines 1 to 19. We propose to delete the sections related to the report of the regional authority and the preparation of draft development plans because of the top-down approach to planning this legislation will foster. All city and county development plans will be required by law to comply with regional...

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I am disappointed the Minister of State will not accept the amendment. We have serious reservations about this part of the Bill. We believe that in practice it will neutralise the potential of many local authorities because it will make all of them appear bland and the same within a given region. Let us consider any given region. Every local authority in every city or county within that...

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 9: In page 22, to delete lines 20 to 50.

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 10: In page 23, to delete lines 1 to 32.

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 11: In page 23, to delete lines 33 to 49 and in page 24, to delete lines 1 to 16.

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 12: In page 26, to delete lines 35 to 39. Our concern is that reference is made in the section to an inspector. However, no definition or indication is given as to who such an inspector should be. It is not clear whether it is intended that the Minister would have the power to appoint a completely new category of inspector or if it is intended an inspector would be...

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: Amendment No. 22 is a substantial Government amendment. We on this side of the House outlined on Second Stage that we felt this Bill was not complete and we forecast it would be heavily amended by the time it would leave the Seanad. That has transpired and, as the Minister of State said, it will be amended further by the time it gets to Dáil Éireann. I referred earlier to bonds and the...

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I second the amendment, as it makes a clear statement of intent. We are used to local authorities dealing with the provision of obvious infrastructure and services; the legislation mentions substantial works, refurbishment, upgrading and enlargement, as well as the replacement of roads, car parks, sewers, wastewater and water treatment facilities. I also welcome the inclusion of high...

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 28: In page 33, to delete lines 3 to 38. This was debated at length on Committee Stage and many Senators spoke on it. We are opposed to the reduction of a quorum of An Bord Pleanála from three to two. There is no reason for this change. The rationale given by the Minister of State previously was that the workload of the board required the quorum to be revised...

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I refer to the comments of Senator Cummins. Those of us on this side of the House understand and appreciate that clarifications and consultations must take place with the Parliamentary Counsel and the Attorney General with regard to amendments before the House. We fully understand this is part of the parliamentary process. We have a difficulty with the Bill being rushed through the House....

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I understand that.

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: The Minister of State does not order the business of the House.

Seanad: Planning and Development (Amendment) Bill 2009: Report and Final Stages (1 Dec 2009)

Paudie Coffey: I move amendment No. 31: In page 37, line 12, to delete "creation, management, restoration or". This amendment also relates to language used. We are of the opinion that the Bill is being complicated in circumstances where it is not necessary to do so. The wording used in section 35 is too prescriptive. For example, the phrase "secure the creation, management, restoration or preservation of...

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

Paudie Coffey: I would ask the Minister of State to note the following general comment. Representatives of turf cutters made presentations last week to the Joint Committee on the Environment, Heritage and Local Government. They made a reasonable argument on the matter of conservation areas. These are the people who live and were reared on the land. It is important we note their views and that they are...

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

Paudie Coffey: This section pertains to An Bord Pleanála and the required quorum to decide on applications before it. In this section the Minister proposes to reduce the quorum from three to two. We oppose this idea and section because we see no logic in reducing the quorum and wonder what it will achieve. I understand that during the construction boom An Bord Pleanála was under serious pressure because...

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

Paudie Coffey: I accept the Minister of State's view that this section is included in the Bill to try to speed up the appeals before An Bord Pleanála but it is not the correct mechanism to speed up appeals before the board. Reducing the quorum from three to two enhances the power of the individual members of the board. This can create deadlock in many decisions and further bureaucracy because the...

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

Paudie Coffey: I accept the intention of the section in terms of making efficiencies. If there are relatively minor appeals that can be easily dealt with, then three board members, when they meet, can deal with them swiftly. I am not convinced the reduction in the quorum will solve the issue of time delays in the process. There is always an odd number in committee, interview panel, etc., for one reason -...

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

Paudie Coffey: The Law Reform Commission, LRC, asserts that only the owners should have a say in whether an estate is taken in charge. The Bill's explanatory memorandum refers to this regarding section 31. It states: ... the Principal Act which provides that a housing/residential estate would be taken in charge by the planning authority, in certain circumstances, on foot of a request from a majority of...

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

Paudie Coffey: There is a reason for this section's inclusion in the Bill. I assume that high costs are associated with An Bord Pleanála processing appeals and applications of large infrastructural nature. Where do these costs accrue now? Do the board and the State pay? Is it the intention of the Minister to recoup these costs by this section in the legislation? The Minister of State might clarify...

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

Paudie Coffey: I thank the Minister of State for the clarification.

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