Paudie Coffey (Waterford, Fine Gael) | Oireachtas source

I oppose amendments Nos. 2 and 4. Amendment No. 2 seeks to remove the requirement for a vacant site to be located on residential land if the site is situated in an area where there is a need for housing. I oppose the amendment, as I did in the Dáil last week, because it would weaken the criteria to be used by a planning authority when determining whether a site is a vacant site in the case of such land. The criteria in section 5 set out the principles and policies underpinning the terms "residential" and "regeneration" land. As I have previously set out, the proposed amendment would remove an essential element of the criteria to be applied in determining what is and is not a vacant site. In the absence of such criteria, there is no justification for designating which sites in residential and regeneration land should be targeted for the application of the levy. These are important justifications that underpin the vacant site levy measure aimed at incentivising the development of suitable vacant sites in central urban areas for housing and regeneration purposes. The legislation is lacking without them.

I oppose amendment No. 4. The amendment seeks to remove section 6(4), which provides the specific criteria to be used by a planning authority, or An Bord Pleanála on appeal, for determining whether there is a need for housing in an area. The amendment was also proposed as the Bill progressed through the Dáil. As I outlined then, legislation must be underpinned by certain principles and policies. If the legislation does not have sufficient principles and policies underpinning it then there is a greater risk of a legal challenge.

The purpose of section 6(4) is to further elaborate and strengthen the definition of a vacant site consisting of residential land. The removal of this provision, as proposed in the amendment, would in my considered view diminish the legislation. It is also important that there is a defined and common approach in the criteria to be used by all planning authorities across the country when identifying vacant sites consisting of residential land, an aspect that is important in terms of consistency. It is on that basis that I oppose the amendment.