Seanad debates

Thursday, 19 November 2009

Planning and Development (Amendment) Bill 2009: Committee Stage

 

2:00 pm

Photo of Paddy BurkePaddy Burke (Fine Gael)

Amendments Nos. 16, 17 and 22 are related and will be discussed together.

Government amendment No. 16:

In page 11, lines 27 to 43, to delete paragraphs (d) and (e) and substitute the following:

"(d) in subsection (7)—

(i) by the substitution of the following for subsection(7)(a):

"(a) Subject to paragraphs (aa) to (ad) in a case where the proposed amendment would, if made, be a material alteration of the draft concerned, the planning authority shall, not later than 3 weeks after the passing of a resolution under subsection (6), publish notice of the proposed amendment in at least one newspaper circulating in its area and send notice and a copy of the proposed amendment to the Minister, the Board and the prescribed authorities.",

(ii) by the insertion of the following paragraphs after paragraph (a) of subsection (7):

"(aa) In the performance of its functions under regulations made under section 10(5), the planning authority shall determine if there is, or may be, a requirement to carry out an assessment of the effects on the environment of one or more than one of the proposed amendments that would, if made, be a material alteration of the draft development plan.

(ab) The manager, not later than 6 weeks after a determination under paragraph (aa) shall specify such a period as he or she considers necessary following the passing of a resolution under subsection (6) as being required to facilitate an assessment referred to in paragraph (aa).

(ac) The planning authority shall publish notice of the proposed amendment and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (aa) is required, in at least one newspaper circulating in its area.

(ad) The planning authority shall cause an assessment referred to in paragraph (aa) to be carried out within the period specified by the manager under paragraph (ab).",

(iii) in paragraph (b), by the substitution of "A notice under paragraph (a) or (ac) (inserted by section 7 of the Act of 2009)" for "A notice under paragraph (a)".".

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