Seanad debates

Thursday, 17 December 2015

Planning and Development (Amendment) Bill 2015: [Seanad Bill amended by the Dáil] Report and Final Stages

 

10:30 am

Photo of Paudie CoffeyPaudie Coffey (Waterford, Fine Gael) | Oireachtas source

These amendments, which are primarily technical, relate to sections 4 and 5 of the Bill. They do not change the intention of the provisions but rather provide for either technical or minor amendments or amendments for the purposes of clarity and consistency.

Sections 4 and 5 provide, respectively, for the process to be followed for the modification of a SDZ planning scheme while it is going through the approval process and the amendment of a SDZ planning scheme after it is approved. The processes set out in each section generally mirror each other, and therefore a number of the amendments now proposed in section 4 are also proposed in section 5. Amendment No. 8 provides that planning authorities will take into consideration any observations as well as submissions received on a proposed modification of a SDZ planning scheme. Amendments Nos. 14 and 15 amend section 5 to provide for consistency in the language used in similar provisions in section 4 regarding written submissions or observations made to the planning authority about a proposed amendment of a SDZ planning scheme. Amendments Nos. 9 and 16 provide a similar amendment in both sections 4 and 5 in that a planning authority’s report to the board on any modification or amendment to a SDZ planning scheme will be submitted within eight weeks of the public notification of the intention to make such modification or amendment. The amendments now provide that if additional time - more than eight weeks - is required to allow for a strategic environmental assessment or appropriate assessment to be undertaken, that can be agreed with the board.

Amendments Nos. 10, 11 and 12 to section 4 and amendments Nos. 17, 18 and 19 to section 5, which are related, provide that a planning authority’s report to the board relating to a modification or amendment to a planning scheme shall include, if they are required, a report on any strategic environmental assessment or appropriate assessment, or both. Amendments Nos. 13 and 20 to sections 4 and 5, respectively, are also related and provide that when the board is making a determination on a proposed modification or amendment to a SDZ planning scheme it will, as the competent authority, comply with any requirements for carrying out appropriate assessments in accordance with Part XAB of the principal Act.

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