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

Alex White: Twenty years in some cases.

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

Alex White: Would the legal position of the survivability of the zoning be no different irrespective of land being zoned in a development plan or a local area plan?

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

Alex White: I refer to Government amendments Nos. 30 and 31 and to amendment No. 31 in particular. I take it that the two amendments I tabled still must be taken. I draw the Minister of State's and the Cathaoirleach's attention to amendment No. 31 because it seems to propose deleting lines 1 to 41 on page 16. Am I correct?

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

Alex White: No I am talking about amendment No. 31 which states: "In page 15, to delete lines 39 to 46 and in page 16 to delete lines 1 to 41".

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

Alex White: Yes, I have the Act here.

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

Alex White: Do the two subsections of the Bill that I propose to amend survive? Is the Minister of State proposing to delete them? Will the two sections that I am trying to amend survive the Minister of State's change? I am referring to amendments Nos. 32 and 33.

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

Alex White: I understood that the amendments were being taken together. Are amendments Nos. 30 to 33, inclusive, being taken together?

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

Alex White: My amendments are Nos. 32 and 33. Is the Minister of State trying to remove the section that I am trying to amend? I will in any event make the points that I want to make on these amendments, which have been made in the earlier discussion.

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

Alex White: That was what I thought because if amendment No. 31 is agreed, it would render my amendments void. In respect of amendment No. 32 we believe that we should have an exception in respect of a resolution where the manager approves an amendment. Why should there be a two thirds majority? We want to make an exception for that type of circumstance. The question remains whether it is necessary...

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

Alex White: I will not engage in the manner of the previous discussion where, suffice to say, there are many glasshouses with objects bouncing off them. I will not indulge in that approach. I wish to return to the two issues I raised previously. I was not going to return to amendment No. 28 as the Minister of State pointed out that he is only changing one word but for two reasons I will briefly return...

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

Alex White: I have a couple of questions for the Minister of State in this regard. I seek clarity in respect of amendment No. 28. While I understood what the Minister of State said, I am not sure it makes complete sense. It is proposed that the planning authorities will send a notice under the relevant section of a proposal to make, amend or revoke a local area plan and will publish that notice under...

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

Alex White: I do not intend any disrespect to the Minister of State or anyone else but the answer that something is there because one has been advised to put it in is not an answer. I presume it is there on advice. I do not doubt that the Parliamentary Counsel advised it. My question is why is it there? We should get a clearer response, with all due respect. The basic proposition is that it is a...

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

Alex White: I do not wish to prolong this because we are not on the same wavelength on this issue. If we accept the Minister of State's amendment, the Bill will require a notice requirement only where there was a previous plan. If there was no previous plan then subsection (c) does not apply. That is the effect of the amendment. I am trying to find out what are the notice requirements in...

Seanad: Order of Business (25 Nov 2009)

Alex White: It is not being pressed on the basis of a discussion I have had with the Leader that there will be statements on the flooding between 5 p.m. and 7 p.m., with the Labour Party leading off, spokespersons having ten minutes and all other Members having eight minutes-----

Seanad: Order of Business (25 Nov 2009)

Alex White: We have agreed, but I always wanted to say: all other Members will have eight minutes, that they may share time with the agreement of the House-----

Seanad: Order of Business (25 Nov 2009)

Alex White: -----and that the Minister will be called upon to reply 15 minutes before the end of the debate. The amendment is not being pressed.

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

Alex White: The Minister of State's comments are very useful and I will therefore be withdrawing my two amendments to allow him to come back to the House on this matter. It may be, however, that this is not purely a technical issue, as the Minister of State stated. In fact, there is an issue of principle as regards the voting requirement at that particular stage of a development plan. Given the...

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

Alex White: I understand that.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (19 Nov 2009)

Alex White: Senator Glynn might on second thoughts reconsider his proposed course of action. We will have more time to deal with the amendment when we resume our deliberations.

Seanad: Planning and Development (Amendment) Bill 2009: Committee Stage (19 Nov 2009)

Alex White: I move amendment No. 15: In page 9, lines 40 to 48 and in page 10, lines 1 to 4, to delete paragraph (a). I note the Minister made the not unreasonable point on Second Stage that section 6 proposes to deal with the question of the scope of the submissions and observations on a development plan. He sought for the scope to be more strategic in nature at this early stage of the preparation of...

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