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Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 58:In page 15, line 27, after “may” to insert “decide to”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 59:In page 15, to delete lines 35 to 41, and in page 16, to delete lines 1 to 3 and substitute the following:“(i) return to the applicant concerned—(I) subject to paragraph (c), the originals of any documents or digital devices containing the information prescribed for the purposes of subsection (1)(a)(iv) of section 4, any environmental impact statement or...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 61:In page 16, line 4, to delete “Paragraph (b)(i)(I)” and substitute “Clause (I) of paragraph (b)(i)”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 62:In page 16, line 9, to delete “subsection” and substitute “clause”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 63:In page 16, lines 13 and 14, to delete “local electoral area or areas, as the case may be” and substitute “area or areas concerned”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 64:In page 16, line 16, to delete “elected members” and substitute “municipal district members”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 65:In page 16, lines 33 and 34, to delete “each municipal district” and substitute “of the municipal district members for each municipal district”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 66:In page 17, lines 11 and 12, to delete “submissions or observations received as a consequence of subsection (1)(a)(vii)” and substitute “submissions and observations duly received by the Board in relation to the application”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 67:In page 17, lines 17 and 18, to delete “as a consequence of subsection (1)(a)(vii)” and substitute “in relation to the application”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 68:In page 17, lines 24 and 25, to delete “submissions and observations received by the Board as a consequence of subsection (1)(a)(vii)” and substitute “submissions and observations duly received by the Board in relation to the application”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 69:In page 18, between lines 7 and 8, to insert the following:“(7) A person shall not question the validity of a decision of the Board under this section by reason only that the procedures as set out in subsection (3) were not completed within the time referred to in that subsection.”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: Amendment No. 70, if adopted, would make the system unworkable on the basis of submissions from prescribed bodies had to be made publicly available, and if I have interpreted it correctly, this information would then have to be subject to a further round of public consultation. It would lead to numerous cycles of public consultations which would have serious impact on the timeframes for...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 74:In page 19, line 20, after “development” to insert “, decide to”.

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 78:In page 21, between lines 22 and 23, to insert the following:“(15) A person shall not question the validity of a decision of the Board under this section by reason only that the procedures as set out in subsection (9) were not completed within the time provided for by that subsection. (16) The failure by the planning authority concerned to comply with the...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 79:In page 21, to delete line 37 and substitute the following:“(a) the main reasons and considerations on which the decision is based, (b) where the Board grants a permission in accordance with section 9(6)(a), the main reasons and considerations for contravening materially the development plan or local area plan, as the case may be, and”. I am proposing...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 81:In page 22, line 17, to delete “subject to subsections (8) and (9)” and substitute “subject to subsections (8), (9) and (10)”. This amendment relates to section 11(3) which provides that a new strategic housing division of the board shall deal with applications for permission for strategic housing developments. Under the current drafting,...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 82:In page 23, between lines 32 and 33, to insert the following:“(b) the proportion of the fee payable to the Board under section 144(1A)(b) of the Act of 2000 in respect of an application under section 4 that shall, on the making a decision under section 9 on the application, be paid by the Board to the planning authority or authorities concerned, as the case may...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: I move amendment No. 83:In page 25, between lines 21 and 22, to insert the following:“Construction of section 125 (appeals, referrals and applications with which the Board is concerned) of Act of 2000 during specified period 17. Section 125 of the Act of 2000 has effect during the specified period as if the following were substituted for paragraph (b):“(b) (i) to the extent...

Select Committee on Housing, Planning, Community and Local Government: Planning and Development (Housing) and Residential Tenancies Bill 2016: Committee Stage (Resumed) (13 Dec 2016)

Damien English: Under section 134 of the Planning Act 2000, the board has absolute discretion to decide whether it should hold an oral hearing on an appeal before it. On oral hearings, the Bill provides that, in the case of a strategic housing development, the board must have regard to the exceptional circumstances which require the urgent delivery of housing as set out in the action plan for housing and...

Written Answers — Department of Housing, Planning, Community and Local Government: Pyrite Remediation Programme (13 Dec 2016)

Damien English: I propose to take Questions Nos. 251 and 252 together. The Pyrite Resolution Act 2013 provides for the making of a by the Pyrite Resolution Board for certain dwellings affected by significant pyrite damage. The pyrite remediation scheme is a scheme of “last resort” and is limited in its application and scope. The scheme is applicable to dwellings which are subject to...

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