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Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I will address amendment No. 8, which is tabled jointly by Deputies Cian O’Callaghan and Ó Broin. The amendment seeks to replace the word “appropriate” with the word “essential" in section 3(2) of the Bill. This would amend section 3(2) of the Bill to specify that the Government may by order specify such period, in this section referred to as an "emergency...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I wish to make one point by way of clarification. Section 11(3)(b) of the 2000 Act will encourage any type of communication. It will certainly not preclude advertisements in newspapers or whatever methods will work in any given area. In fact, I would encourage that. The Deputy may not know my area in north County Dublin. There is a large rural area with several rural villages. It is a...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: In the traditional public meeting format-----

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: The Deputy is easily goaded. In the traditional meeting format, not everyone wishes to speak, unlike in here, and often those who do speak may seek to dominate the meeting with specific-interest issues only. Despite the intention of section 11(3)(b) of the Planning and Development Act 2000 being to focus on the strategic and not the specific - the Deputy pointed that out and he is correct -...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: Many points have been raised this evening and while I will not stray into all of them, this is not to diminish the points that are probably more appropriate to another debate on rural regeneration, development and planning, and the town and village centre first concept. I will be happy to engage with Deputies on it. There is a strong and robust plan for that in the programme for Government....

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: Many Members have complained that the work is being done the day before the Christmas recess, as though we are not supposed to be working.I do not see what the point is.It is a day when the Dáil is sitting and rightly so, when we are working and of course we should.

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: Most of us will be working right through to next week. I am not 100% sure what the point was that some Deputies were making. It is complex but important legislation and there is a suggestion that there is something wrong with it being introduced in December.

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I do not really understand the point and maybe those who made it can explain it later in the evening. Section 11(3) relates to the initial stage of the development plan review process. The stage is undertaken before a pre-draft or a draft plan has been prepared by the planning authority and can best be described as the stage when the initial relevant issues and topics are identified for...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: Not at this stage of the plan.

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: Will the Deputy stick to the Bill?

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I thank the Deputy for those questions and I will deal with his last point first. The rationale is indeed to make it very clear from a constitutional perspective that the legislation is balancing constitutional rights but importantly, its objective is to uphold the social, common good which is obviously permitted. That is the purpose of extending the Long Title. In response to the first...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I move amendment No. 2: In page 3, between lines 21 and 22, to insert the following: “Definitions 2. In this Act—"Act of 2020" means the Health (Preservation and Protection and other Emergency Measures in the Public Interest) Act 2020; "Covid-19" has the meaning assigned to it by the Emergency Measures in the Public Interest (Covid-19) Act 2020.".

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I move amendment No. 3: In page 3, between lines 23 and 24, to insert the following: "PART 2 PLANNING AND DEVELOPMENTDefinitions (Part 2) 3. In this Part "Act of 2000" means the Planning and Development Act 2000.".

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I move amendment No. 4: In page 3, line 25, to delete "Principal Act" and substitute "Act of 2000".

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I move amendment No. 1: In page 3, between lines 21 and 22, to insert the following: “PART 1 PRELIMINARY AND GENERAL Short title, collective citations and commencement 1. (1) This Act may be cited as the Planning and Development, and Residential Tenancies, Act 2020. (2) (a) The Planning and Development Acts 2000 to 2019, section 9 of the Emergency Measures in the Public...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: If Members would prefer me to do that I can speak to each of the Government's amendments and deal with queries afterwards.

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: We can do that. Amendment No. 2 amends the definitions for the Bill to reflect that new Parts 2 and 3 amending the Planning and Development Act 2000 and the Residential Tenancies Act 2004, respectively, provide for their own definitions for the purposes of those Parts. Therefore the definitions of general application to the Bill itself are that: "Act of 2020" means the Health...

Planning and Development Bill 2020 [Seanad]: Committee and Remaining Stages (16 Dec 2020)

Darragh O'Brien: I apologise. Amendments Nos. 29 and 30 are in the grouping and are technical, supplementary and drafting amendments made to the Preamble and Title of the Bill to reflect the Government's amendments in the Bill as introduced today on Committee Stage. Amendment No. 29 provides for the recital in Preamble of the Bill. Recitals 1, 3, 4, 5 and 6 at the end of the Bill set out the policy...

Planning and Development Bill 2020 [Seanad]: Instruction to Committee (16 Dec 2020)

Darragh O'Brien: First, I wish to address a point on process. No one wants to come in to the House with significant pieces of legislation in a short space of time. It is not my intention to do that on a regular basis, nor have I done so, but there is an urgent imperative to extend tenancy protections to tenants who need them. Let us remember as well that thankfully only 2% of tenancies end up in dispute....

Planning and Development Bill 2020 [Seanad]: Instruction to Committee (16 Dec 2020)

Darragh O'Brien: I responded to those points in the Deputy's absence.

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