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

Michael Finneran: It is important to restate that all area plans are set within the context of a county development plan. That is a given. This gives greater flexibility to local authority members. The opportunity they have to draw up area plans is not being changed, it will continue to exist once the Bill has passed. I was asked of population bases of up to 2,000 being left to one side at the moment in...

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

Michael Finneran: At the moment, in subsequent county development plans, land can be de-zoned. We are bringing local area plans into line with that.

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

Michael Finneran: There is no presumption in law at present that zoning in a county development cannot be changed in a subsequent plan. We are bringing that idea to bear on local area plans.

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

Michael Finneran: Amendment No. 30 proposes to amend section 11 by the insertion of a single reference to consulting the Minister before a planning authority prepares, amends or revokes a local area plan. Amendment No. 31 proposes amendments to section 11 to provide for consistency of the terminology used in the local area and development planning processes. Essentially, it now is proposed to delete that...

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

Michael Finneran: Is this amendment No. 30?

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

Michael Finneran: The Senator should look at the Act.

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

Michael Finneran: It is there twice, under (i) and (ii) in line 30 and the amendment puts the two into one.

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

Michael Finneran: I will deal with amendments Nos. 32 and 33.

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

Michael Finneran: I have responded to amendments Nos. 30 and 31. Are amendments Nos. 32 and 33 being taken too?

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

Michael Finneran: In response to the question about the two thirds majority, I am prepared to discuss this with the Parliamentary Counsel to see if we can have a simple majority decision. I will return to the House on that matter.

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

Michael Finneran: The national spatial strategy is a Government strategy and is therefore the responsibility of the Government as part of overall Cabinet responsibilities. Therefore amendment No. 34 is not accepted.

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

Michael Finneran: I have outlined the position on collective Cabinet responsibility for the national spatial strategy. I am not in a position to accept amendment No. 34.

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

Michael Finneran: The proposed deletions refer to the core of section 12 which provides explicitly for the link between regional planning guidelines and the national spatial strategy which post-dated the passage of the Planning and Development Act 2000. An explicit requirement is, therefore, provided for regional planning guidelines to be prepared to support the implementation of the national spatial...

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

Michael Finneran: Under section 18 of the Planning and Development Act 2000 a planning authority may, at any time and for any particular area within its functional area, prepare a local area plan in respect of that area. I want to elaborate on the way that is happening currently. If I were to accept the argument that only areas with a population of 5,000 will be developed, am I to conclude that any area with...

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

Michael Finneran: Amendment No. 23 simply provides for a technical Committee Stage amendment to correct the reference to "draft plan" to refer properly to "proposed variation".

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

Michael Finneran: Section 10 provides that the mandatory population threshold for preparing local area plans will be raised from 2,000 to 5,000 persons. The preparation of a local area plan is resource intensive and involves consultation with both elected members and the public. The discretionary threshold for the preparation of a local area plan will be when the population is between 2,000 and 5,000 and...

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

Michael Finneran: In response to Senator Alex White on amendment No. 28 , this is included on the advice of the Parliamentary Counsel who says it is important to identify that plan so that it cannot be interpreted as any local area plan and that we must insert that into the legislation. In response to Senator Coffey, this raises the mandatory area for which there must be a plan but it in no way excludes the...

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

Michael Finneran: I have visited most local authority areas and know from my contact with local authority members that area plans are being developed for villages with populations from 300 to 1,000. That will not change. We are raising the bar to 5,000 as the mandatory population base for which a plan must be made. I have not heard of any conflict between local authority members and their executive as...

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

Michael Finneran: As regards amendments Nos. 19, 20, 25, 26 and 46, I acknowledge that differing views have been expressed. They may have arisen from a lack of clarity on the proposal of these amendments to increase the voting threshold in the case of material amendments to the draft development plan. First of all, I take the opportunity to clarify the intent of my Department in regard to these amendments....

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

Michael Finneran: On a point of clarification, I said I would bring forward some technical amendments. I am not saying it is a technical issue.

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