Seanad debates

Wednesday, 25 November 2009

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

 

1:00 pm

Photo of Alex WhiteAlex White (Labour)

I do not intend any disrespect to the Minister of State or anyone else but the answer that something is there because one has been advised to put it in is not an answer. I presume it is there on advice. I do not doubt that the Parliamentary Counsel advised it. My question is why is it there? We should get a clearer response, with all due respect.

The basic proposition is that it is a requirement that a notice be sent in certain circumstances. If there has been no previous local area plan and if we accept the Minister of State's amendment, there is no requirement to send a notice because it will not apply. I may be missing something here. Perhaps this is very simple. It refers to a notice being issued within a period not exceeding ten years from the date on which the authority last made that plan. Perhaps I am stupid but I want to clarify whether the notice requirements will apply at all if there has never been a local area plan.

The Minister of State did not address the issue I raised under amendment No. 29.

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