Seanad debates

Wednesday, 11 November 2009

National Asset Management Agency Bill 2009: Committee Stage (Resumed)

 

1:00 pm

Photo of Alex WhiteAlex White (Labour)

I move amendment No. 73:

In page 145, line 41, to delete "shall" and insert "may".

This amendment relates to the issue we have just been discussing in part 8 of the Schedule to which the Minister referred. I understand and agree with the rationale for what is being proposed in the round. It may be, however, that I have not followed the Planning and Development (Amendment) Bill as closely as I ought and I undertake to rectify that but I am curious about the mandatory provision in respect of the planning authority that it "shall" extend the appropriate period. It appears to override the planning authority because it removes any discretion from the authority. We are entitled to be nervous if the authority's discretion is to be so bluntly overridden. There are very good reasons for the expiration of planning permission after five years. To say that the planning authority "shall" rather than "may" seems like a blunt instrument. I would appreciate further elucidation on the thinking behind this.

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