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

Paddy Burke: While I agree with Senator Alex White, the Minister of State could consider another matter. When one buys a house in an estate, one hands over money to a solicitor. Could a portion not be held back until the applicant is satisfied the estate is properly finished? Some €5,000 or €10,000 could be held back until footpaths, public lighting, green areas and roads are completed to the...

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

Paddy Burke: True.

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

Paddy Burke: Some bonds have been used for more than one estate irrespective of whether local authorities allowed it.

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

Paddy Burke: It is amazing that every local authority, with the exception of the one mentioned by Senator Butler, is in the same boat.

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

Paddy Burke: In my town, 20 estates are unfinished.

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

Paddy Burke: No, by several developers. As Senator Alex White stated, the legislation is not strong enough. The Minister of State is clearly saying that local authorities have the power to take whatever actions are necessary to ensure a bond is taken from a developer, even a rogue one, thereby prompting him or her to complete the job.

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

Paddy Burke: Safeguards.

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

Paddy Burke: It might work.

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

Paddy Burke: In support of Senator Coffey, the remit of An Bord Pleanála has changed completely in recent years. It has a much wider remit now than when it was established. The Bill proposes to confer more powers on it as regards the charges it can make. If we allow this it will, in some cases, put it outside the reach of the normal person who may object to a planning application. I hope the Minister...

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

Paddy Burke: I support Senator Coffey's amendment. It is important to have a timeframe because it is not possible to leave the matter open-ended. Senator Coffey makes a valid point about the timeframe and two weeks is a generous enough time.

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

Paddy Burke: I welcome the provision in the section for local authority members to make a submission to the Minister when he has issued a direction to the local authority in respect of its development plan. He has, however, taken on a serious power. He has the ultimate power in the adoption of a county development plan because if there are aspects of it that he does not like he can change the plan....

Seanad: Flooding: Statements (Resumed) (25 Nov 2009)

Paddy Burke: I welcome the Minister of State, Deputy Brady. Senator Buttimer has five minutes remaining.

Seanad: Flooding: Statements (Resumed) (25 Nov 2009)

Paddy Burke: As this is the Labour Party's Private Members' time I call on Senator Prendergast.

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

Paddy Burke: Section 14 reads: "27A.--(1) Where a regional authority receives a notice from a planning authority under section 11(1) it shall prepare submissions or observations for the purposes of section 11(2)". In preparing these submissions will the regional authority hold public briefing sessions? Will it receive submissions from agencies other than the local authority? How will it prepare the...

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

Paddy Burke: The Minister of State has gone down the road a good bit in bringing clarity to this issue. According to him, the regional planning guidelines will be the linchpin for a strategy comprising local area plans, county development plans, regional authorities and the national spatial strategy all the way up to Government thinking. However, I am unsure as to the stage at which there will be public...

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

Paddy Burke: I welcome the Minister of State's clarification to the effect that the guidelines will be introduced in the new year and that there will be a public consultation process thereon. However, will they constitute a fait accompli? Although there will be public consultation on the guidelines, there is no reference to their being amended. Local authorities will have an input in them and they will...

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

Paddy Burke: I thank the Minister of State. In fairness, he is putting his own interpretation on some of this. He spoke about the lower of the CSO figures, and I welcome what he said in that regard. The Minister for the Environment, Heritage and Local Government, Deputy Gormley, would seem to suggest there is no movement away from the higher figures. I also welcome his statement that there will be...

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

Paddy Burke: I do not want to hog this issue but if we were to believe what the Minister is telling us one would say there will be no change from the previous position. At the same time the Minister for the Environment, Heritage and Local Government, Deputy Gormley, has said on television and radio programmes that there will be major changes in planning laws and that he will control planning. The...

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

Paddy Burke: I believe the proposed amendments will create a great deal of red tape. I do not know how many towns have a population of approximately 5,000 people. Moreover, the Minister of State noted earlier that this legislation will not prohibit any local area plan from being put in place. Consequently, hundreds of local area plans may be produced. If local authorities prepare plans for hundreds of...

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

Paddy Burke: Until several years ago the dual mandate was in place and provided a direct link between both Houses of the Oireachtas and local authorities. As Senator Coffey pointed out, this Bill very much involves the national spatial strategy. His amendment provides an ideal opportunity to have a link between local authorities' involvement with the strategy and the national Parliament. Such a link...

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