Results 801-820 of 2,386 for speaker:Michael Finneran

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

Michael Finneran: I have stated my position. I will reconsider the matter and revert to the House on Report Stage. I will not give a cast iron agreement and I will not accept the amendment, but I am prepared to examine whether anything can be done in this regard.

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

Michael Finneran: Section 156(8) deals with the penalties in connection with unauthorised developments and provides that, where a person has been convicted of an offence under section 154, which is an offence of not complying with an enforcement notice, the court may, in addition to imposing a specific penalty, order the person to take steps notified in the enforcement order. However, the reference throughout...

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

Michael Finneran: Section 180 of the principal Act provides that a residential housing estate would be taken in charge by the planning authority in certain circumstances on foot of a request from the majority of the owners or occupiers. The LRC's report on multi-unit developments recommended that only owners of units should have the right to determine whether the estate is taken in charge. This amendment...

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

Michael Finneran: At present those costs are by subvention to the board. As I stated already when we dealt with this matter earlier, these costs can be offset against the planning application fees at a later stage. The determination of those are regular costs, and whether it is an environmental assessment, the pay of a consultant or whatever, the important aspect is that the board can charge these. The...

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

Michael Finneran: Amendment No. 61 provides for an amendment to the right to compensation provided under Part XII, Chapter II of the principal Act, namely section 191, restriction of compensation. It is proposed to restrict compensation for the preparing, making, amending or revoking of a local area plan. This is a consequential amendment to restrict or rule out compensation on foot of a zoning decision in a...

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

Michael Finneran: Where European, national or local nature sites are threatened, local authorities need to have the ability to intervene where appropriate to manage or restore the site or to provide for its management or restoration. This corresponds with the biodiversity responsibilities of local authorities. Where European or national sites or protected species are involved, it would be expected that there...

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

Michael Finneran: Existing legislation covers planning permission where substantial work has been carried out on developments. If one has substantially completed works, one is entitled to an extension of planning permission to continue the development. The provision in question is an attempt to address cases where work has not commenced. Section 23 seeks to amend section 42 of the principal Act to permit an...

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

Michael Finneran: Senator Daly raised the matter of planning permission that has expired. I am not in a position to give any comfort on that matter. The grounds for extension of a planning permission are for commercial, economic or technical reasons. I intend to table further amendments on Report Stage to deal with issues such as that raised by Senator Burke. He is aware that since I took over...

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

Michael Finneran: The phrase "commercial, economic or technical" may refer to what the Senator said. It may be a situation where someone is extending their hotel, the financial arrangement with their bank was withdrawn 12 months ago but might be reinstated in six or 12 months' time. I presume that is one situation that might arise and there may be others. I said in reply to Senator Coffey that amendments...

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

Michael Finneran: We have existing legislation for properties on which substantial works have been done, in respect of which the period is two years. There is an extension in that regard, so to speak, to five years. These are properties which have planning permission.

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

Michael Finneran: Mention has been made of properties for which permission has run out. I have addressed that matter. I am talking about properties which have live planning permission.

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

Michael Finneran: Senator Quinn made a good contribution on Second Stage and has discussed the matter with me since then and I understand where he is coming from. I accept the intention behind the amendment but I will not accept it because I do not think it is necessary. Section 48 of the Planning and Development Act 2000 currently provides for the development contribution system to be drawn up by each...

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

Michael Finneran: We are very much at one on this issue. Senator Quinn rightly referred to the relationship between planning policy and promoting healthy lifestyles. Under existing planning legislation, planning authorities' development plans must include objectives for the integration of the planning and sustainable development of an area, with social, community and cultural requirements for the age of...

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

Michael Finneran: First, aside from the legislation under discussion, one of my delegated responsibilities in my Department is for developing areas. As for timescales, the existing law is that a council brings forward development charges and a set of schemes. It must report within five years and bring a further set of schemes at that time. Consequently, there is a timescale, although whether it is...

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

Michael Finneran: I am of the opinion that it would not be possible to have the powers adopted retrospectively but I will seek clarification on it for the Senator.

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

Michael Finneran: Amendment No. 45 proposes to provide for material contraventions of local area plans and the overall consistency of approach to development plans and local area plans. It also proposes to obligate the manager to prepare a report for the planning authority advising it of his or her opinion regarding compliance, or otherwise, of the proposed development with any relevant ministerial guidelines...

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

Michael Finneran: Section 20 amends section 35 of the Planning and Development Act 2000 which deals with the grounds on which planning permission can be refused on the basis of past performance of a developer. Amendment No. 47 concerns the insertion of the word "connected". The current provision allows for a planning authority, when deciding whether it is appropriate that permission should be refused on the...

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

Michael Finneran: The existing ground for refusal is that the applicant has substantially failed to comply with a previous permission. The Bill proposes to add two further grounds for refusal of permission, that the developer has carried out a substantial unauthorised development or has been convicted of an offence under the planning Acts. The amendment proposes to insert a further ground for refusal, that...

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

Michael Finneran: The existing ground for refusal is that the applicant has substantially failed to comply with a previous permission. There is the opportunity for a person to go to the High Court about the matter. The Deputy is aware that happens, although not on a regular basis. The Bill provides for two further grounds, that the developer has carried out a substantial unauthorised development or has been...

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

Michael Finneran: I agree with Senators but I do not agree with the method of their proposal. The current legislation addresses their issue exactly. The difficulty used to lie with the guidelines not being up to date, but we updated them in respect of the local authority system in June 2007. We made development management guidelines available. We also updated them in February 2008. The guidelines state...