Results 821-840 of 2,386 for speaker:Michael Finneran

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

Michael Finneran: There is a roll-over bond situation, but guidelines were issued in 2007 and updated in 2008 to address the specific issue under discussion. As Senator Butler stated, it is a matter for the local authority to ensure the bond it signs covers what it wants to get done. It is not a question of further legislation. Rather, authorities must implement the law and draw up their bonds in line with...

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

Michael Finneran: In line with the development management guidelines issued in June 2007 and updated in February 2008, there was also a request sent to local authorities that they submit to the Department all estates taken in charge and all of the requests for estates to be taken in charge and the reasons they have not been taken in charge. The findings of that will be issued shortly and that will enlighten...

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

Michael Finneran: Senator Alex White stated there are four circumstances where planning can be refused and he wants a fifth. The fifth one is included in section 35 of the principal Act, and it is clear. The existing grounds for refusal are the applicant has substantially failed to comply with a previous permission. That is the fifth one. How it is implemented by the local authority is what the development...

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

Michael Finneran: Section 21 amends section 37H(2)(c) of the principal Act by providing for the extension of cost recovery to pre-application consultations and scoping requests related to environmental impact assessment for strategic infrastructure development cases under the Seventh Schedule of the principal Act in addition to cost recovery for cases that proceed to full application and determination by An...

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

Michael Finneran: What has been stated is outside what we are discussing here. Section 30 prohibits me from making any comment on any cases that have been mentioned by the Senator. Therefore I cannot comment and it would not be appropriate for me to do so.

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

Michael Finneran: Individual cases.

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

Michael Finneran: The people who will make the decision are the members of the regional authority.

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

Michael Finneran: Amendment No. 38 is a technical amendment to clarify that the reference to the time period for the coming into effect of section 11(c) refers to the 2009 Act as distinct from the 2000 Act.

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

Michael Finneran: Amendment No. 39 seeks the deletion of the proposed new section 31(12). This would remove the selection criteria for the inspector to be appointed by the Minister to report to him or her on the draft direction. There must be overarching criteria that will determine whether a person is experienced and qualified to act as an inspector for the purpose of reporting to the Minister on planning...

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

Michael Finneran: These amendments are considered prudent and practical, given that the local manager and elected members should be consulted by the inspector on foot of their central statutory role, while leaving consultation with the regional authority and other persons who have made submissions at the inspector's discretion.

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

Michael Finneran: Senator Coffey's amendment has some merit in respect of transparency. It may not, however, be consistent with other statutory provisions for making official documents available to the public. While I do not propose to accept the amendments as part of the primary legislation I will consider addressing best practice in communicating with the public within any statutory guidance which may...

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

Michael Finneran: I did not say I would deal with this by an amendment. I will consider it in the context of best practice in communicating with the public. I will report back to the House and the Senator on that matter.

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

Michael Finneran: Section 18 amends section 31 of the principal Act where there was no consultative process in the Minister's power. This enhances the position because now there is a consultative process with stakeholders, including the council. I note the Senators' comments.

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

Michael Finneran: In some way this debate is a bit unreal, in so far as it is currently the case that county development plans and variations to them are agreed by the Minister. What is involved is that the opinion of the regional authorities is to be taken into consideration in terms of whether those regional planning guidelines are in place. It must be remembered there are regional planning guidelines in...

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

Michael Finneran: The amendment proposes to insert a reference to local area plans which are also to be consistent with any regional planning guidelines in force for the area.

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

Michael Finneran: In opposing section 14, Senator Coffey proposes to delete the proposed amendments to provide that the regional authority has a more explicit role in the draft development plan preparation process to ensure consistency between it and the regional planning guidelines, including informing the Minster of its views. This is clearly not acceptable for the reasons I have outlined, as the regional...

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

Michael Finneran: I cannot give a definite date, but I expect the draft regional development guidelines to be published in the first half of the new year, and perhaps earlier. There will be a public consultation process. The Senator referred to the Government, but I was referring to the national spatial strategy when I referred to the linchpin. In the planning process, it is practical to adhere to strategic...

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

Michael Finneran: The answer to the question whether the regional planning guidelines be modified is "Yes". They are draft regional planning guidelines. They go out for public consultation and they can be modified on foot of that. One of the key objectives in requiring development plans to include a core strategy is to ensure greater consistency between the national spatial strategy and the regional planning...

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

Michael Finneran: The sourcing and funding of regional authorities is agreed between local authorities, managers and directors. I am confident that level of funding will continue and that will continue to be the funding process. As regards the planning areas and what the Senator says will be new responsibilities, I am of the view that the planning sections of our local authorities have a reduced work load on...

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

Michael Finneran: In opposing section 16 Senator Coffey proposes to delete the proposed amendments to provide that the regional authority has a more explicit role in the draft variation process to a development plan to ensure consistency between it and the regional planning guidelines in force, including informing the Minister of its views. That is not acceptable as the regional authority planning guidelines...